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Home My WebLink About6767/n i`17 w �o 4- ��.�'��- Z ;10�r G A'�' 9SCU sov--✓add 0-4 c rf-�D0N O ` C BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider ZBA FILE # 6767 pF SO!/r�o� O O � iQ �COUNTY,� http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Yodngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 24, 2014 RECEIV Dg's L Southold Town Clerk NAME OF APPLICANT: Helen Stratigos SCTM: 1000-106-1-33.1 PROPERTY LOCATION: 1500 Sound Beach Drive (adj. to Long Island Sound), Mattituck, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 19, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 7, 2014. The LWRP recommendation states: "The applicant is requesting a variance for 43% lot coverage, more than the code permitted lot coverage of 20% due to a request for an accessory garage. This is due to the large area of unbuildable lands (Beach) on the parcel that is excluded from the percent cover calculation. The large area of unbuildable lands forces the development on the parcel to be clustered to the southeast. This is the prevailing development pattern in the community." Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a non -conforming 12,406 square foot water front parcel located in an R-40 district, of which 5,450 square feet is buildable area. The parcel has 50 feet of wood bulkhead frontage on Long Island Sound. The property runs 250.46 feet on the East side, 50.23 feet on Sound Beach Drive, and 245.78 feet on the West Side. The parcel is improved with an existing 1 story house and deck. The existing structure is located behind the coastal erosion hazard line and is in an AE 12 flood zone. When scaled off, the survey shows that there is about 115 feet of land between the high water mark and the existing bulkhead. All is shown on a survey by John T. Metzger, L.L.S. dated August 11, 2003 and last revised March 10, 2014. BASIS OF APPLICATION: Request for Variance(s) from Sections 280-124 and Section 280-15(B)(F) and the Building Inspector's January 27, 2014, amended March 13, 2014 Notice of Disapproval based on an application for a building permit for second story addition to existing single family dwelling and an accessory garage, at 1) less than the code required combined side yard setback of 25 feet, 2), more than the code permitted maximum lot coverage of 20%, 3) Accessory garage at less than the code required front yard setback of 35 feet, 4) accessory garage at less than the code required side yard setback of 5 feet. Page 2 of 4 - July 24, 2014 ZBA#6767 — Stratigos SCTM# 1000-106-1-33.1 RELIEF REQUESTED: The applicant requests variances to make additions and alterations to an existing single family dwelling resulting in a combined side yard setback of +/- 22 feet and total buildable lot coverage of 43%. A combined side yard setback of 25 feet is required and maximum lot coverage of 20% is permitted for parcels measuring less than 20,000 square feet which are located in an R-40 district. Furthermore, the proposed accessory 18'X22' accessory garage notes an 18 foot front yard setback and a 4 foot side yard setback. A minimum front yard setback of 35 feet is required and a minimum side yard setback of 5 feet is required. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 18, 2014 submitted a plan with a storage shed in the front yard. The new plan shows the storage shed is 12 feet wide by16 feet deep. The storage shed's proposed side yard setback is a code conforming 5 feet off the side property line, thus eliminating one variance. The amended application's proposed total lot area coverage of the buildable area on the subject property is thereby decreased from 43% to 39.3%. The amended application brings the plan into more conformity with the codes. ADDITIONAL INFORMATION: During the hearing testimony was taken that the beach, land, and bluffs have been increasing in size over the last several decades. The applicant's architect/agent, Garret Strang, testified that today there is 115 feet of beach and dunes between the bulkhead and the high tide water mark. A site inspection showed that currently, the bulkhead is nearly covered by sand dunes and is barely visible. The applicant's agent also presented evidence that the ZBA has granted variances for similar side yard setbacks and lot coverage for other properties in the neighborhood. The ZBA previously granted relief for a proposed second story addition to the existing single family dwelling with a single side yard setback of 5.3 feet and combined side yard setback of 14.3 feet (ZBA File #5459 February 12, 2004). This current application for a second story addition is reduced in size from the original proposal and is now proposed with a conforming single side yard setback and an increased combined side yard setback of 22 feet. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 10, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of many non- conforming, narrow lots with non -conforming side yard setbacks. Many houses on Sound Beach Drive have been updated and enlarged with second story additions. Most of the lots on the seaward side of the street typically have a limited buildable area, reduced by the presence of naturally regulated features which results in excessive lot coverage. A storage shed in a front yard is a typical accessory structure in this neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Variances for non -conforming single and combined side yard setbacks for a proposed second story addition were previously granted by this Board (ZBA file#5459) based upon the footprint of the existing dwelling and the character of the neighborhood. This current application proposes a smaller second story addition with a conforming single side yard setback and reduces the degree of nonconformity for a proposed combined side yard setback. The existing house currently exceeds the allowable lot coverage, so any addition on the ground will require a variance for lot coverage. The front yard location for the proposed storage shed is conforming to code. However, the house is in its existing location with a 46 foot front yard setback making it difficult for the applicant's proposed accessory shed to have a conforming front yard setback while maintaining a practical distance between the house and shed. 3. Town Law X267-b(3)(b)(3). The variance granted herein for a combined side yard setback is not mathematically substantial, representing 12% relief from the code. The variance granted herein for the lot Page 3 of 4 - July 24, 2014 ZBA#6767 — Stratigos SCTM# 1000-106-1-33.1 coverage as amended is mathematically substantial representing 96.5% relief from the code. However, the lot is a small lot with a substantially reduced buildable area because of the beach and coastal erosion zone, resulting in excessive existing lot coverage of 35.8%. The proposed 39.3% lot coverage for the new storage shed, as amended, is only an increase of 3.5%. The variance granted herein for the storage shed's front yard setback is mathematically substantial representing a 49 % relief from the code. However, the existing location of the house and the small buildable lot area of the property and the front yard location for a new septic system limit the placement of the storage shed. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders and gutters and drywells per code. A new septic system will improve the environmental conditions on the subject property. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of relief as requested for the combined side yard setback variance and grant of the relief as amended for the lot coverage variance and the storage shed's front yard setback variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second story addition with an accessory storage shed while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for the combined side yard setback and DENY, the variance relief as applied for the accessory 18'X22' accessory garage with a four foot side yard setback and lot coverage of 43%, and GRANT THE RELIEF AS AMENDED, for a 12'X16' storage shed with a conforming side yard setback of 5 feet and an 18' front yard setback and lot coverage of 39.3%, as shown on the survey dated August 11, 2003 last revised July 18, 2014. CONDITIONS: 1.) The shed shall be used for storage only and shall not contain any habitable space. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4 of 4 - July 24, 2014 ZBA#6767 — Stratigos SCTM# 1000-106-1-33.1 Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing ( /2014 F� SURVEY OF PROPERTY A T MA T TI T UCK TO WN OF SO UTROLD SUFFOLK COUNTY, N. Y. 1000-106-01-33,1 ° SCALE: 1 =30 AUGUST 11, 2003 0 .Nov. 7, 2013 (revisions) o� JAN. 7; 2014(PROP. ADDITIONS) MArt. to, 2vr g tre visions? MARCH.' 12, 201.4 (addilionl JULY 16, 2014 (revisions) KEY MAP c�7RAL pR fE �; op Q� SCALE( 1' = 600' s / ~ SITE DATA d �l ZONING DISTRICT RqO WATER SUPPLY SCWA USE �-(J/ /p"^ �� o�. FINAL MAS '� Z)gsTING - SINGLE FAMILY RESID€NC p D �, ' PRof- - SWGL E FAM.'L Y RESiDENCE pis c 'lp, �S�P .�dk ! e` REVIEWEp i �R /� E DETACHED GARAGE C� �+ /"1 BUILDABLE LANs? AREA = 545€7 sq.lt. - �r� �o°�` P SEE DECISION # f �� BUILDINGS AREA c w.^.mac, SFV \ � EXISTING a 1950 sq./t. yc o J ci (,� PROP.. _ 2142 sq.l1. !fsTtK+a , ;.-,�-. z _ 'L DATED 1 4 t L�1IL LOT COVERAGh e e tE EXISTING 1950/5450 35.8% Q� wg[ -PROP 2142. ' /5450 e 39:3 'IMPERV,NOUS LOI COVERAGE +�c �E EXfSTING % 5O 2ig3 4i�,3 Eq 4143/5450 - 76% 0� °D q'Q - —PROP, 2142 . 1198 £ 3)40 sq./ 339015450 AREA. To TIE LINE - 12,406 sq. 11. / XIS�'ING +4143/12406 F 33 4% FLOOD ZONE AE7 (el` 12) .NA VD FIRM 36103CO139 H AREA=12, 406 SCS PT TO TIE LINE COASTAL EROSION HAZARD LIVE FROM COASTAL EROSION HXZAAD AP ItIt" OAP Photo # 59-533-53 ANY ALTERATION OR ADDIT70N TO THIS SUREY IS A NOLA77ON OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUR010SION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON.' ,t r N. Y.S. LIC. N0. 49618 PECONI VEYORS, P. C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 TRA VELER STREET 03-19 7 SOUTHOLD, N. Y. 11971 / �� rP _ 21 •po 30. ��` G�.. PROPOSED 3340112406 = 26.9% l `2voy.o I • a off, N� `•a 1 '. r h o`s�' 6� w�pD t 0 WNERS: GEORGE T. £ HELEN STRA TIGOS 36-09 209 Ih STREET LOT NUMBERS REFER TO "MAP sOF CAPTAIN KIDD ESTATES, �'Jr. \ "�� , BAYSIDE, N.Y. 11,361 BLOCK 2" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JAN. 19, 1949 AS MAP NO. 1672. ELEVATIONS & CONTOUR LINES. ARE_ REFERE'NCE'D TO NA VQ FLOOD ZONE AE7 (el` 12) .NA VD FIRM 36103CO139 H AREA=12, 406 SCS PT TO TIE LINE COASTAL EROSION HAZARD LIVE FROM COASTAL EROSION HXZAAD AP ItIt" OAP Photo # 59-533-53 ANY ALTERATION OR ADDIT70N TO THIS SUREY IS A NOLA77ON OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUR010SION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON.' ,t r N. Y.S. LIC. N0. 49618 PECONI VEYORS, P. C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 TRA VELER STREET 03-19 7 SOUTHOLD, N. Y. 11971 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider April 24, 2015 Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: Stratigos #6767, request for a de minimus determination Dear Mr. Strang, , (b 7( 7 I am in receipt of your letter dated April 20, 2015 requesting a de minimis determination related to proposed changes in the above referenced ZBA decision. I have reviewed your architectural drawings with a date received in the Zoning Board of April 20, 2015, submitted to our office with a comparative overlay of the original elevations you submitted with the Stratigos application for variance relief. Since your proposed changes comply with the relief granted in ZBA decision #6767, and do not create any additional non-conformance to the code, I have determined that your current proposal is de minimis in nature. However, the documentation you submitted for review with your request was incomplete, since it did not include the first/ground floor plan and plan for attic space. In future, should you need to make a request for a de minimus determination, along with your cover letter, please provide all of the drawings reviewed and stamped by the Board of Appeals at the time the decision was rendered, and all the architectural drawings (plans, sections, and elevations), survey/site plan etc. documenting the complete project and showing all of the changes you describe in your cover letter. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit. If you have any questions, please call the office. Sin erely, t ta eslie Kan tsman 1� Chairperson/Dept. Head Cc: Mike Verity, Southold Town Building Dept. M Garrett A. Strang Architect April 20, 2015 Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals POB 1179 Southold, NY 11971 Re: Proposed addition/alterations Stratigos Residence, 1500 Sound Beach Drive, Mattituck, NY, SCTM # 1000-106-01-33.1; ZBA application # 6767 Dear Ms. Kanes Weisman: 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 C9q C01 gECEIVEO An 2 0 2015 Z%ING BOARD OF APPEALS With respect to the above referenced application and relief granted I had a conversation with Mr. Verity regarding some minor changes my client would like to make to the design of his home. Mr. Verity indicated I should present these changes to you for review and comment. Specifically; my client would like to extend the Southwest second floor bedroom by 2 feet to the south which would make it flush with the first floor southerly wall -This oes not m any way re uce the west side yar rehe"��granted. In addition, for economic reasons, he would prefer to have ab�Ie roof rather than the _hi of previously shown in the original application package. The height of the roof will remain the same as previously shown and the gable style is similar to many other houses in the neighborhood. I have attached the original conceptual drawings as well as a marked up copy showing the proposed changes in red. In addition, I have enclosed a copy of appeal # 5459 from 2004 which granted relief for a second floor addition over the existing footprint of the house with lesser side yard setbacks than what which we are providing. If you recall during the public hearing and my subsequent letter of July 18, 2014, I requested that the original setbacks granted in 2004 remain in effect inasmuch as our proposal provided greater setbacks. I was contacted on 7/23/14 by the Board's Council Mr. Stephen Kiely who informed me that the new variance would extinguishour the prior one . although the fact that the 2004 variance had granted lesser setbacks, if we were to expan design but remain within the setbacks granted in 2004, that such expansion would be considered deminimis in nature. I am hopeful after reviewing the enclosed you will determine that these changes are in fact deminimis in nature and will advise the building department accordingly. I thank you for your consideration in this matter and if you have any questions, please feel free to contact my office. Very truly yo s, Garrett A. Strang, Architect J�U-r — 5�1775f Encs./ dr7-y e'er �L/ P -4(,767 RECEIVED APR 2 0 2015 ZONING 130ARD OF APPEALS a f Y l 1 ��: /-\: � � "! �-.) - - r �-� t,' �:-� \/ � C�2 t -A N V AZT' �o-7(.7 RECEIVED APR 2 0 2015 ZONIN% FUARD OF APPEALS N o H ic-� I" 'r-�vAT 1 D N -\VE5'Y GARRETT � architect 1230 TrawIM 9t{wt, P.O.Box 1412 9oudwld, koMr York 11977 ph. 631.785.3435,fx.831.765.5490 STRANG RECEIVED APR 2 0 2015 ZONING BOARD OF APPEALS } i i i<< I . i 'a I I , ... � 5-v v �a u I.t� � r� �•. D' tz1 �/ Ulm wf �v NO. . _ - UP.NM my A= 5EG0V7 �00-rI�A-"G' 7 (3 RECEIVED APR 2 0 2015 ZONING BOARD OF APPEALS SEGONV7 �LOO� TAN -G (r 5 I l�2 CL ---d G� 7 iy P,r-CtIvTD APR B 0 2015 ZONING BOARD OF A✓VF/<,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD U-7 7 MEMORANDUM 7 X0'14 To: Leslie Weisman, Chair WA-6-P:Wpft4j Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator ` Date: July 7, 2014 Re: Coastal Consistency Review for ZBA File Ref HELEN STRATIGOS #6767 SCTM#1000-106-1-33.13 HELEN STRATIGOS #6767 - Request for Variances from Article XXIII Section 280-124 and Section 280-15(B)(F) and the Building Inspector's January 27, 2014, amended March 13, 2014 Notice of Disapproval based on an application for building permit for second story addition to existing single family dwelling and an accessory garage, at; 1) less than the code required combined side yard setback of 25 feet, 2), more than the code permitted maximum lot coverage of 20%, 3) Accessory garage at less than the code required front yard setback of 35 feet, 4) accessory garage at less than the code required side yard setback of 5 feet, located at: 1500 Sound Beach Drive (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-106-1-33.13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available tome, it is my recommendation that; The proposed second story addition to the existing single family dwelling, side yard and front yard setbacks are EXEMPT from LWRP Coastal Consistency Review. The proposed construction of an accessory garage is CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. In regard to the proposed construction of the accessory garage Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards; applies. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: d. sites where relocation of an existing structure is not practical. OFFICE LOCATION: S�VryOl �� MAILING ADDRESS: . Town Hall Annex OQF Q P.O. Box 1179 /V 54375 State Route 25 Southold, NY 11971 (�gor. Main Rd. & Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 'fl'OUNTY,� Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD U-7 7 MEMORANDUM 7 X0'14 To: Leslie Weisman, Chair WA-6-P:Wpft4j Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator ` Date: July 7, 2014 Re: Coastal Consistency Review for ZBA File Ref HELEN STRATIGOS #6767 SCTM#1000-106-1-33.13 HELEN STRATIGOS #6767 - Request for Variances from Article XXIII Section 280-124 and Section 280-15(B)(F) and the Building Inspector's January 27, 2014, amended March 13, 2014 Notice of Disapproval based on an application for building permit for second story addition to existing single family dwelling and an accessory garage, at; 1) less than the code required combined side yard setback of 25 feet, 2), more than the code permitted maximum lot coverage of 20%, 3) Accessory garage at less than the code required front yard setback of 35 feet, 4) accessory garage at less than the code required side yard setback of 5 feet, located at: 1500 Sound Beach Drive (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-106-1-33.13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available tome, it is my recommendation that; The proposed second story addition to the existing single family dwelling, side yard and front yard setbacks are EXEMPT from LWRP Coastal Consistency Review. The proposed construction of an accessory garage is CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. In regard to the proposed construction of the accessory garage Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards; applies. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: d. sites where relocation of an existing structure is not practical. 0 The subject parcel is located within the FEMA flood zone VE (beach) and the remainder, developed area is located within the AE flood zone (see Figure 1. below). The AE flood zone poses a high flood risk. These properties have a 1 percent annual chance of flooding and a 26 percent chance of flooding over the life of a 30 year mortgage. Figure 1. Subject structure shown in the AE Flood Zone. Based on the location and size of the parcel, there is no ability to relocate the accessory garage structure outside of the AE flood zone. The applicant is requesting a variance for 43% lot coverage, more than the code permitted maximum lot coverage of 20% due to a request for an accessory garage. This is due to the large area of unbuildable lands (Beach) on the parcel that is excluded from the percent cover calculation. The large area of unbuildable lands forces the development on the parcel to be clustered to the southeast. This is the prevailing development pattern in the community. However, there is a concern that the accessory structure is not designed to be flood tolerant and could be subject to storm surge and loss in this vulnerable area. The building of structures in these areas should be minimized. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney %_;OUNTY OF SUFFOLK IN Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner June 19, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: RECEIVED AN N14 �30ARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number De Croisset, Nicolas 6762 Johnson, Michael 6764 Gonzalez, Jewell 6765 Domeluca LLC 6766 Stratigos, Helen 6767 Warden, Robert Goodwin 6768 MMMM Beer, LLC 6770 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 6 e�o �,l DORM NO. 3 RECEIVED NOTICE OF DISAPPROVAL, JUN 6 V 2014 DATF: ,Ianu tN$220 4RD OF APPEALS AM I?NDI?D: March 13, 20 14 - TO: Garrett Strang (Stratigos) PO Box 1412 Southold, NY 11971 Please take notice that your application dated January 13, 2014 For permit to construct a second story addition to an existing single family dwelling and an accessor gyaragc at Location of property: 1500 Sound -Beach Drive,Mattituck County Tax Map No. 1000 - Section 106 Block I Lot 33.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this 12,406 square foot lot in the R-40 District is not permitted ,pursuant to Article XXIII, Section 280-124, which states that, on lots measuring less than 20,000 square feet in totalsize, the minimum total side yard setback is 25 feet and a maximum lot coverage of 20 percent. t`ol_lowing the proposed construction,_ the second story addition will have a combined side yard setback of+/- 22 feet and a total lot coverage 43%. 15F�which states Furthermore, the proposc,d accesso_ry_garage is not _permitted pursuant to Section 280-_ _ ___1 "In the case ofa waterfront parcel, accessory buildings and structures may be located in the front yard,_ provided that such buildings and structures meet the front -yard setback requirements set forth by this code, and the side yard setback requirements for accessory buildings in Subsection B..." Pursuant to Article III, Section 280_1.5B on lots containing between 10,000 and 19,999 square feet a minimum side yard setback of 5 feet is required. Pursuant to Article XXIII Section 280-124 lots measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet.. The proposed accessory gara notes a 18 foot front vard setback and a side yard setback of feet. This Notice of Disapproval was amended on March 13.2014 to make minor changes and to. -correct an error. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. kECEIVEL 014 Fee: $ Filed By: Assignment No. APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. /Soo Street-4dAJb 166-A4u.i214 Hamlet MA 7r)T-LjGL'_ SCTM 1000 Section /tot' Block 01 Lot(s) 33 - Lot Size/e L Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): JeMA ri G oS Mailing Address: `f"J�- 3M- Y Si Q er /4 e, Aj y, N y/DO 16 Telephone: I / 7. 66 a -&/:aCax: Email: TSTe4T1GD&1ZG'HA/L.CO#7 NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent reeresents: J nn n1 /tiQct`/ 1TEGT��tS�i�%r'" Name of Representative: b� �� Err A. TX dA/6 for (\AOwner ( )Other: Address: 406 /4 /2 S60 *0LD, 1-4 /1 Telephone: 7&f'c- 4J J Fax: 7&, "_-T490 Email: d IL hf tT G%�p 4y1 jC/yE 1: /v E r Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), N Authorized Representative, ( ) Other Name/ Address below: WHEREBY T E AIJING INSPECTOR REVIEWED SURVEY/SITE, PL N/ DATED / and DENIED AN APPLICATION DATED / /3 /7' FOR: Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning �� Ordinance by numbers. Do not quote the code.) / ,egyp d1 Q Articled /lI Section: 2 ge>"l g 7`_ JS-�r Subsection: 52;-C.12'160-126 Type of Appeal. An Appeal is made for: (A Variance to the Zoning Code or Zoning Map. () A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpre)ation of the Town Code, Article Section ( ) ReversA or Oth A prior appeal has,�hlas no been made at auv time tith respect to this property, UNDER Appe o(s�.Year(s). (Please be sure to research before completing this qu sti nor call our off ce for as st nce) RECEIVED Name of Owner: ZBA File# JUN 6 r 2014 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): ZONING BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: MAX -1 or .E jiel5r,, n.)G doer*S i N V46 Co re n u ^✓ "r f YAVC- Abb&b SEco.16 ADDJ7�aNt p�Dw,t (2 Ac 0-5 lr,v TrfF FPtm,..ry^ -o 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: 7-h'd o^'L y A U A i L,o OS 44 L o C AS r7 o N Pow 7'H& G', 40,20 /5 d,4rt-jee,l 7'415 .Eo4611 hbasa . ,S116"YAO-el Scr6ACK RE�.�EP` 1-5 Mo,aliNvh Se As T.• 14Ave Zivo A allot 4,00177' a AO 0SAc gLo , 7-H6 COA5rA & EtteS �o,•/ A/LG'e SwjSarQrrr'at(.y 0&41C*A$1f1 4SWL6A6L.& Lar Aa -,r^ 7W& ogy Svp&S rxpjr,,% LL•) 1,esT- (:�6✓6,e A Bi e! f -6A- `T.+A GA,s As'w 3. The amount of relief requested is not substantial because: 7'KF RFct �-x /s Nor :su#&srA.27t44, P THF Lor So') .tac i E "ISrfNC t P05• 9Avi,v4Z LEss T4AN TwL ?�Q��tE4 Ste�yARo rEr'saC�cs. Ti.�E ��td.0ost,o dOOfrr►tel /.✓Ci'tG�S6s %7.t .r SE r d&C,< /Z C.L t r, vd 7-0, T.r c FX is r, .✓G Xia. s r F &,o*,& , Trr6 C^$1— o I. fo low aeEK soiSs�,...,ra<<�I �de&4Asa-S �v,..epee.e gar AAt.� ,'—nhc�cEI3i sv Sr�t�'riALcy 1WegAsiAvCj tar Ce.i4wr,.At6 r-lt7P,6 GA4044v. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditippns in the neighborhood or district because: M A v,/ 041 F�C4ST / Ns tNe M Es 4 A+ Ta.e 14A 6� e Q D n a a SAeto... mac. o o 4. A s it1,., a/ e,e. 1W 7—"4 L'2o ^,r y,. ,c. 5 / 5. Has the alleged difficulty been self created? � Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? lX No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swom to before me this day of J"./ NUA0 yl, 20_/$(_ 4=7:�7= X. /77� No ry Public sgrboto ^. IiitFang Notary Public, New YorK No 4730095 Clualitied in 5uitolk county �L COMM. F*Ires ,July 3 J • APPLICANT'S PROJECT DESCRI ION "�6 I 1�p 7 APPLICANT: � AJ AAA Mhgos DATE PREPARED: ^r 45- , 24/� 1. For Demolition of Existing Building Areas Please describe areas bei n removed:K /STi Ai�'S JA !� / TA eC.e� SSI S T'� h '` //Q V� h ECJ T wNE 2 Ew Sys re ..-r #- (;AA -A&6 To �>L / ^J 5,� .`o e. Le 7 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: / 71K Z `- Dimensions of new second floor: z 7 k X 44. W 30 e Dimensions of floor above second level: AJpMA' Height (from finished ground to top of ridge): 3 Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: ^/O III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: RECEBM Number of Floors and Changes WITH Alterations: Wf7ibN aE%a1M[NG 80ARo OF IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Y .4 - Proposed Proposed increase of building coverage: S F Square footage of your lot: Tl//d L / DG U/LJ, E s" 5-0 Percentage of coverage of your lot by buildi area: . / L A C 4- 3S o V. Purpose of New Construction: Q�j�`>sEO i 1657* AeoV164- ,06.6InoPIAe. LeV! W6 YRACE o fCEs5e,c GAOf AGE T"o Af6E T 'f 7f AJEE0S A' THE Art/4.� VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): AL rHoLw N Co -jno jL r v c AJ a r- PG s 6 A N l S S ue: -54 F Sr N E s1 o'✓ Zb#Jf6 deEe Weds BUi `4 A g« Lo, 7- /J ---&y- -4 00 10 #- C y -40010#.0( lAlATe:Ly iG At/OA er,,NG 4. COeJerw—ot efs Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 A IC • • QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes No Are there any proposals to change or alter land contours? __�_No Yes please explain on attached sheet. RECEIVED JUN 6 V 2014 ZONING BOARD OF APPEALS C. 1.) Are there areas that contain sand or wetland grasses? E S 2.) Are those areas shown on the survey submitted with this application? E 3.) Is the property bulk headed between the wetlands ar a and the upland building area? YES 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? 'LS Please confirm status of your inquiry or application with the Trustees: EAa/n/9 and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of propOveed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? AfO If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? AJ If yes, please label the proximity of your lands on your survey. list present use or operations conducted at this parcel SANG �lease E E and the proposed use 4_4 E S /OE -✓CF jaJ �•r 0a rt q K a G.6 (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date RECEIVED JUN 6 ` 2014 AGRICULTURAL DATA STATEMENT ZONING 13CIARC7 OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the (General Municipal Law. 1. Name of Applicant: "e1-EAJ Sr.4p%lGOS 7 8 9 Address of Applicant !9 2-167-.1 7�&r 4C4C�001.4 Name of Land Owner (if other than Applicant): Address of Land Owner: Description of Proposed Project: /e r70VEh jeoge4 c46 9'9 rG • SAID i 7a►4V f qs G K 40/PE 4z -A 0&A4 To DR.I/w �w / 1 -4 -CAI- QAK-AGE, 70 ICLcac *'% �bCIr/040 Tb EKTG h4oft E tuJr.,//Aj Location of Property:(road and Ta gpG lf/(ATjrnumber) 15104 L clCK /(Q,rq Is the parcel within 500 feet of a farm operation? { } Yes 06 No Is this parcel actively farmed? { } Yes { } No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. 1. 2. 3. 4. 5. NAME and ADDRESS 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. ELT /N0- 617.20 RECEIVED Appendix B JUN 6 ` 2014 Short Environmental Assessment Form Instructions for Completing BONING BOAR[) OF APPEALS Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: J154 4 T/ G O S 4E C /b E .• / C E Project Location (describe, and attach a location map): .5-C 77/Y / o v G /o (, Q / _ 3•� / SJ o SOJA/o e&41e-" 1]X t ✓E, Ai 4 ir"/ rL., le�l Brief Description of Proposed Action: _ .�E Co•� 4 STD.t �� A � � , n o.� ! � FX � ST -i �JG �t:v i��-�G� w � TN i � �t>i 7. /�.A2 AK.A6E, J ityWELLS T'o oo r` /2� r..r c F F, �E Q ✓� + F r� c a c 4 K i S 7 -i .v G SEpar, C Sy s T;6:,7. Name of Applicant or Sponsor: 7-16, Telephone: 9i7 _ JV4 E -Mail: LE K/ _- >M-4 o S Address: #5"F 3->T N Y City/PO: State: Zip Code: I,/ /400 1 -6 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: -SD v 7HOL o To cv�1 it)/ L I)/ n►G zco nJ y,/&v yS I) 6- 54C Hb 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? • ��r acres c. Total acreage (project site and any contiguous properties) owned 2 g or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) o Industrial ❑ Commercial Residential (suburban) ❑ Forest ❑Agriculture o Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A J 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X �i 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, des�c[ibe design features and tec nologies: SNC�QEASEp �NSVLATlO.vt AW t) �lGMEFf�G/ENGS% 64T7M;rCow 4-z•✓G NO YES n 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: RECEIVEL NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ZONING BOARD OF APPeALS NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YE 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: tShoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? WNO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO %YES NO YES �/ 7?4CL /iR iJ�-LAS Ct�IVN6CTt � to dTT'EsiS.� E�aOd^ss Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES small to large Ci= APPEALS ZONING BOARDOFmay impact impact occur 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: _ Date: J -A IJ Signature: aid x t �T Irk A ry C At Z K r nkGr;L�ffCo C- —,r Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the p1tion?" JUN No, or Moderate small to large Ci= APPEALS ZONING BOARDOFmay impact impact occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 U Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ,�-- &-1 (0-1 kECEIVEU,� JUN 6 V 2014 ZONING BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ,�-- &-1 (0-1 kECEIVEU,� JUN 6 V 2014 ZONING BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 kECEIVEL- JUN 6 2014 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ,ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. , / n YOUR NAME : a r i 6oS (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION Tax grievance Variance Change of Zone Approval of Plat Other (activity) (Check all that apply) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP ..1 o o,J& Submitted this day of , 20 Signature / I � 12. Print Name L C� / x n r/ os & RECE �IVEL JUN 6 2014 AGESTfREPRESET(A— IS E ZONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM — ^M„ ►nvees. The purnos-e l'he Town o► ,70U�"�•~ - -which of this form is to rovide information c �-xA�` ARG�� TEc action is necessw to avoid same. /fA ��E�- A_ uch as a (� you are ►ng 1O the name of someone else or other entity, YOUR NAME : middle initial, unless ame.) (Last name, first name, person's or coy company, if so, indicate the other Check all that apply) Building Permit TYPE OF APPLICATION: ( Trustee Permit Tax grievance Variance Coastal Erosion Change of Zone Mooring Approval of Plat Planning P officer Other (activity) parent, or child) have a relations hi with any h our company, spouse, sibling, p blood marriage, or business interest. "Business Do you personally (or throng Y "Relationship" includes by has even a partial or employee of the Town of Southold •a partnership, in', the town officer or employee ee owns more than 5% of the interest" means a busioement including udi g a corporation in which the town officer or employee ownership of (or emp Y /1 shares. NO ►�/ YES If you answered ,YES,,, complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold person and the town officer or employee. Title or position of that p resentative) self (the app licant/agent/rep Describe the relationship between your rough h D and/or describe in the space provided. appropriate line A) throng ) Either check the appro P arent, or child is (check all that apply) officer or employee or his or her spouse, sibling, P applicant (when the applicant is a The town o A) the owner of greater that 5% of the shares of the corporate stock of the corporation) orate entity (when the applicant is not a corporation) B) the legal or beneficial owner of any interest in a non C) an officer, director, partner, or employee of the applicant; or corp D) the actual applicant DESCRIPTION OF RELATIONSHIP N c7 pmt �- 20 Submitted this day Signature at"4 Print Name �E�� SY,r.,e G • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS RECEIVEL JUN 6 2014 ZONING BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# l t"' 6 - & I - �; 3f 1 The Application has been submitted to (check appropriate response): Town Board E Planning Dept. 0 Building Dept. 1:d Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: t s Tiw Cr , 31Iv` C w` i1 n�� c- ! ` S //� �r Gam. G% r�=5 >.z t:c I've v C L7<7 l /(.lz"i ,� / 5 Location of action: %� l t C _�OU?iv/1 / y',<l t'/-- Site acreage: 2 c� ,A C /� "r Present land use: �,v �; L ,- Fg .ter/c4�7L /c /.a -T Present zoning classification: F- - X f �'; �/:�-"'i'-4> ,/4 j/r�=1-7/tL- 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: /V/- C (b) Mailing address: I -) F� (c) Telephone number: Area Code ( ) � - l e,- S (d) Application number, if any: f "f -/L'%/It " Will the action be di ctly undertaken, require funding, or approval by a state or federal agenc 6-7 I -f Yes ❑ No If yes, which state or federal agency? RECEIVEL JUN 6- 2014 DEVELOPED COAST POLICY zONING t3OAftU OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation ZYes ❑ No ❑ (Not Applicable - please explain) L �CJ�'/'/7�°v�,� i' ✓i� 7�,n< <->l/�-,.:c 7'/4 ie�f 2 / i� -, T�z 1—� //--� Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Polici s Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable - please explain) 7]� �r2 r A /U,-',> i oma. / c, , . L A jC -z- S c -v /-X C- , � iz 7 G1 i 5i S Gy /�_ 7 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III —Zt s Pages 6 through 7 for evaluation criteria 0 Yes E No Applicable — please explain) Attach additional sheets if necessary --- NATURAL COAST POLICIES JUN 6 2014 ZONING BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policie7Page 8 through 16 for evaluation criteria EYes No(ot Applicable — please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 throng 21 for evaluation criteria Yes 0 No (Not Applicable — please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes H No (Not Applicable — please explain) O/l 5'7%JL rl -V/ /2'/L ,J % ��l` % C- /•v �S R/7-7 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 throng 21 for evaluation criteria Yes 0 No (Not Applicable — please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes H No (Not Applicable — please explain) O/l 5'7%JL rl -V/ /2'/L ,J % ��l` % C- /•v �S Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No /(Not Applicable — please explain) irX % 7 /Q 4L Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wZApplicable e LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. EdYes 1:1 No — please explain) C 4'1//C C l/� i� %z L- '<11 t7--o Ir—X%r—�(�1�f�— PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ElYe❑ No (Not Applicable —please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See WRP Section III — Policies; Pages 47 through 56 for evaluation criteria. [—dYes[:]No (Not Applicable — please explain) n Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wate . See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes 1:1 No Not Applicable — please explain Attach additional sheets if necessary RECEIVED - Policy 12. Protect agricultural lands in the Town of Southold. See LWRP SectAMIll - l 00cies; Pages 62 through 65 for evaIn ion criteria. ZONING BOARD OF APPEALS ❑ Yes ❑ No Not Applicable — please explain I Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pa es 65 through 68 for evaluation criteria. ❑ Yes F] No Not Applicable — please explain Garrett A. Strang • Architect June 4, 2014 Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals POB 1179 Southold, NY 11971 1230'Fraveler St., Box 1412 RECEIVED Southold, New York 11971 JUN 6 2014 'Telephone (631) 765-5455 Fax (631) 765-5490 ZONING BOARD OF APPEALS RECEIVED JUN 6 + 2014 ZONING BOARD OF APPEALS Re: Proposed Additions to Residence, 1500 Sound Beach Drive, Mattituck, NY SCTM #1000-106-01-33.1 Dear Ms. Kanes Weisman and Members of the Board: Enclosed please find the following in connection with the above referenced application: Original and eight (8) copies of completed application Notice of Disapproval, Building Permit Application, Letter of Authorization Project Description, Questionnaire and Recent Photos Transactional Disclosure Form — Owner Transactional Disclosure Form—Architect/Agent Survey, Building Plans Agricultural Data Statement Town Property Card LWRP Form (Reviewed and found consistent under Trustees Permit) EAS Fee in the amount of $2,000.00 The purpose of this application is to add a second floor addition, new 1-1/2 car garage and replacement septic system. If you have any questions regarding this application, please feel free to contact my office. Very truly yours, Garrett A. Strang, R.A. Architect Encs. No. Z. 3771.... . • FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy RECEIVED JUN 6 v 2014 ZONING BOAkD OF APPEALS Date .......... April ... 2....... , 1970. . THIS CERTIFIES that the building located at . Souhd _ Beach. Dr . _ ........ Street Map No.C,apt. Kidd.. Block No ........... Lot No- 35....... Mattituck...N.Y.#...... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... Deo .. 28,.., 19 67 . pursuant to which Building Permit No. .3757Z. dated ...... _ .. Dec . • 28• • • • • . , 19.67 . , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is _ - -Private- one. f$mi1y-dw®I-I ng ..................................... The certificate is issued to ..... D....Str4tegas • • • ....Owned' • . • • • • ............... . ( owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ....pending ........................ Building 11 /0r House # 1500 ♦ r • • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector C� Town Hall Southold, N.Y. RECETM- CERTIFICATE OF OCCUPANCY JUN 8 - 2014 No Z20055 Date JULY 3, 1991 THIS CERTIFIES that the building ADDITION AND ALTERATION Location of Property 1500 SOUND BEACH DR. MATTITUCR House No. Street Hamlet County Tax Map No. 1000 Section 106 Block 01 Lot 33 Subdivision CAPT. KIM EST. Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 5, 1990 pursuant to which Building Permit No. 19076Z dated JUNE 6, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is DECK ADDITION AND issued is ALTERATION (WINDOW CHANGE) TO EXISTING ONE FAMILY DWELLING. The certificate is issued to HELEN STRATIGOS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A j; Building Inspector I Rev. 1/81 s TOWN OF SOUTHOLD BUILDING DEPARTMENT TO),N'N HALL SOUTHOLD, N1' 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net 46 BUILDIIN'G*R-MIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans_ Planning Board approval PERMIT NO. � Examined , 70 (01 Approved 20 kt-CEIVEL- Disapproved a c_ JUN 6 2014 Expiration ?o ZONING POAkD OV M'NEALS Building Inspector Survev Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm -Water Assessment Form Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT Date A of l )0/ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale_ Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building, Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting, the property have been enacted in the interim, the Building Inspector may authorize, in writing,. the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold. Suffolk County applicant agrees to oomph , New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The with ail applicable laws, ordinances, building code. housing, code, and regulations, and to admit authorized inspectors on premises and in building for necessary, inspections. (Signature of applicant or name, if a corporation) 1,0 (Ma sing, address of applicant) State whether applicant is owner_ lessee, agent= architect. engineer, general contractor, electrician, plumber or builder Name of owner of premises �j P-C-Ir/ 46 EA.,-� 4-A% . JT-%'. 41-1 (,As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. PIumbers License No. Electricians License No._ Other Trade's License No. Location of land on -which proposed work will be done: ISD O SCS tJ rt1.D 6 & Ae jt-) D 2 House Number Street County Tax Map No. 1000 Section Subdivision j�J a 77- 17- LJ G ,t-- Hamlet Block D 1 - Filed Map No, Lot -33,1 Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy S1,,j6 c e b. Intended use and occupancy : Q h E `v NE SC,� J)67-4 c e--_0 _ . \ azure of work (check which applicable): New° Building i� Addition Alteration Repair Removal Demolition. y Other Work&t,oyE ¢RE,e«e,t--xTG /zS D �� to7-1c -9,/ s e-, (Description) Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units rr Number of dwelling units on each floor If garage, number of cars / 6. If business. commercial or mixed occupancy, specifV nature and extent of each type of use. A./A . Dimensions of existing structures. if anv: Front-� 7 Rear 2-y-- Depth Height 2 S— Number of Stories d Dimensions of sa e structure with alterations or additions: Front 2— Rears • 2- Depth 2 _ 3 %�- Height y � Number of Stories 2— f I�r4cf-CO G4 .�.a6` S. Dimensions of entire new Front Rear 1C' Depth 2 2— Height %9 Number of Stories / 9. Size of lot: Front y U • 2 -3 Rear �9 • d -D Depth IL' - - L • z3:cl 10. Date of Purchase Name of Former Owner Zone or use district in which premises are situated I Does proposed construction violate any- zoning Ian ., ordinance or regulation? YES >/NO -ill lot be re -graded? VES �\TO ✓ Will excess till be remwzed from premises? YES NO _=. Names of Owner of premises r -aTl�� Address � �,`� iev r e- Phone Vo.�l �_ Name of Architect J ; X22 �C Address R�F3 /-t41 -S�o b Phone No_ \acne of Contractor Address Phone No. I w. Is this propem- within 100 feet of a tidal wetland or a freshtivater wetland? *YES `� NO IF Y ES_ SOUTHOLD TMX, --N TRUSTEES & D.E.C. PERMITS IVLAY BE REQUIRED. o. Is this property- within 300 feet of a tidal wetland? *YES --- NO IF Y LS. D.E.C. PERNMITS Z-fAY BE REQUIRED. 16. Provide sun-ev. to scale. with accurate foundation plan and distances to property lines. '. If elevation at any point on propem is at 10 feet or below, must provide topographical data on sun--ev. I. Are there any covenants and restrictions with respect to this propem? YES NO IF YES. PROVIDE A COPY. STATE OF NEW YORK) c SS: COL-\ TY OFSy r �GL?—) Si rZ Al being duly sworn, deposes and says that (s)he is the applicant i -Name of individual sianing contract) above named- (S)H,- amed, (S)He is the dZC / j CT /I A 6�.� 1 (Contractor, Agent_ Corporate Officer. eta.) of said owner or owners. and is duly authorized to perform or have performed the said work and to make and file this application: that al I statements contained in this application are true to the best of his knov.-ledge and belief. and that the work will be pe1—;'orrned in the manner set forth in the application filed therewith_ Sworn to before me this day of :7—k p ) -L 2a"f Signature of Applicant kECEIVEC JUN 6 - 2014 b ZONING 80ARD OF APPEALS LETTER OF AUTHORIZATION Premises, 1500 Sound Beach Drive, Mattituck, NY SCTM 41000-106-01-33 I. HELEN STRATIGOS, OWNER OF THE ABOVE PREMISES DO HEREBY AUTHORIZE GARRETT A. STRANG, ARCHITECT TO ACT ON N4Y BEHALF WHEN MAKING APPLICATION TO THE UNITED STATES OF AMERICA, STATE OF NEW YORK, SUFFOLK COUNTY, TOWN OF SOUTHOLD OR ANY OTHER GOVERNMENTAL AGENCY IN CONNECTION WITH THE ABOVE REFERENCED PROJECT. Date: _ 41,, 210I4 d " a.. -------L --- HELEN STRATIGOS S -worn to before me this Dai- of 1 - /, 2014 Notary Public State of Ne« York CHARLES CARUSO Notary No.lic01 CA€2590Of 1i4w York Qualif d in N sau Co ty 00 i� Exp' es Apr' 02 2016 0 #1 HELEN STRATIGOS 1500 SOUND BEACH DRIVE MATTITUCK, NY 11952 SCTM #1000-106-01-33 MAY 09, 2014 PHOTO TAKEN AT 11:30 AM LOOKING SOUTHEAST RECEIVED l l JUN 6 - 2014 ZONING BOARD OF APPEALS #2 HELEN STRATIGOS 1500 SOUND BEACH DRIVE MATTITUCK, NY 11952 SCTM #1000-106-01-33 MAY 09, 2014 PHOTO TAKEN AT 11:30 AM LOOKING SOUTHEAST 0 J/ / � � X r • arta #3 HELEN STRATIGOS 1500 SOUND BEACH DRIVE MATTITUCK, NY 11952 SCTM #1000-106-01-33 MAY 09, 2014 PHOTO TAKEN AT 11:30 AM LOOKING NORTHEAST ,lr&l tpl 46 RECEIVED JUN 6 2014 ZONING BOARD OF APPEALS #4 HELEN STRATIGOS 1500 SOUND BEACH DRIVE MATTITUCK, NY 11952 SCTM #1000-106-01-33 MAY 09, 2014 PHOTO TAKEN AT 11:30 AM LOOKING NORTHWEST 0 10) v0 ms`s v0 �'t;/ Q ^' w�� P� 0 1 v''"`�, Pyr �^ •� �• a/f�ti0�� 0� EL o• LOT NUMBERS REFER TO A4AP OF CAPTAIN KIDD ESTATES, BLOCK 2" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JAN. 19, 1949 AS MAP NO. 1672. 4 .rL-Q,bD x' + Ai fe/ 12) .NA No77,t Ukt M1 t 00 COASTAL EROSION HAZARRpp L k COASTAL fROS/DA/ HJXZ.�iIiD A P Photo 59-533-8,i t yit V' ANY.�(..7 AT70N OR ADDITION 70 THIS SURWY IS A WOLA77ON ' OF 5EC1I 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEC77ON 7209—SUBOWSOV 2 ALL 6CR7?f7CA77ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR W40SE SIGNATURE APPEARS HEREON. SURVEY OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-106-01-33,1 SCALE.' 1'=30' AUGUST 11, 2003 Nov. 7, 2013 (revislonsl RECEIVED JUN 6 2014 ZONING BOARD OF APPEALS o" ,ry0b. N. Y.S. UC, NO. 4961 PECONI IiEYORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 12JO TRAVELER SOUTHOLD, N. Y. 11971 STREET 03-197 i • APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio. Jr. �o�gOffO��c� http:I/southoldtown-northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD • Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVE() FINDINGS, DELIBERATIONS AND DETERMINATION FES j 8 W04 MEETING OF FEBRUARY 12, 2004 ld o -r Appl. No. 5459 -HELEN STRATIGOS SOufhn Property Location: 1500 Sound Beach Drive, Mattituck; Parcel 106-1-33. tow Cleric SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 12,406 sq. ft. parcel has 50.23 feet along Sound Beach Drive in Mattituck. The property is improved with a one-story frame house with rear deck, as shown on the August 11, 2003 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's October 2, 2003 Notice of Disapproval, citing Sections 100-242A and 100-244 in its denial of a building permit application concerning a second - story addition proposed over the existing dwelling with a side yard at less than 10 feet and both side yards at less than 25 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 22, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a second -story addition over the existing one-story frame house without changing existing setbacks. The easterly side yards are 5.3 feet and 6.5 feet, and the westerly side setbacks are 9.0 and 9.3 feet. ADDITIONAL INFORMATION: The existing house is located to the north of a large, fully vegetated, stable bluff which is at least 100' high. The adjacent beach on the north side of the house is in stable condition without active erosion. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's house is one of many single -story houses along Sound Beach Drive in Mattituck. Out of approximately 20 houses on Sound Beach Page 2 — February 12, 2004. Appl. No. 5459 — Helen Stratigos �Q 106-1-33 at Mattituck Drive, two of the houses are two stories. The existing 5.3 ft. easterly setback on the northern comer will remain the same and the south/east corner of 6.5 ft. will also remain the same. The south/west corner will remain at 9.3 ft., resulting in no change of the same existing footprint, as per the submitted plans from Peconic Surveyors, P.C. dated November 3, 2003. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This particular lot is very narrow and long, which leaves the side yards as exist, and with little or no room for expansion. The only logical design is to build up, over the existing first story, for additional floor area. 3. The variance granted herein is substantial. The requested setback represents a 50% reduction from the current code requirement of 10 feet for the easterly side. The total side yard set back represents 40+% reduction from the current code requirement of 25 feet for both sides. 4. The difficulty was self-created, when the lot was purchased with the knowledge of tight side yard tolerance. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The addition is over the existing single -story dwelling and is not being located closer to the wetland area adjacent to the Long Island Sound. The dwelling will also be brought into conformity with the minimum elevations above mean sea level required by the Federal Emergency Management Act (FEMA) regulations. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second -story addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, shown on the survey prepared by Peconic Surveyors, P.C. dated November 3, 2003, with the condition that the side yard setbacks not be changed and when the building is raised to meet FEMA elevations, the footprint shall remain in the same location. Gutters, downspouts and drywells are proposed to be installed to contain water on site, without runoff onto adjacent areas. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly • Page 3 — February 12, 2004 Appl. No. 5459 — Helen Stratigos 106-1-33 at Mattituck addressed in this action. Vote of the Board: Ayes: Members OlivaLChairwoman), Orlando, and Dinizio. Absent was Member Goehringer. (Member Tortora abstain es ti w s duly adopted (3-0). Ruth D. Oliva, Chairwoman 2/q/04 Approved for Filing /TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT _ FORMER OWN}j N E ACREAGE m,.. S TYPE OF BUILDING t1+^+ /�( )J/fffj �%(j ,♦-r i RES. � �� ,�_,E �.:�.S. VL. FARM COMM. I IND. 1 CB. MISC. LANDIMP. TOTAL DATE REMARKS ^^ } f LIL r -2 AGE BUILDING C0�lDlT ON � � 4Y aJ KEW • QRMAL M v j "( dt. X" SV11", ' ROVE f' Farrh / re Value Per A e Tillable 1 Tillable 2 Tillable, 3 Wcodland Swampland Brushland House Plo'" y Tcta l M. Bldg. Extension Extension K�l MMOM EWE Both Floors Interior Finish NNE Extension Fire Place Heat M No so M Attic IN 0 ME Rooms Ist Floor Patio Rooms 2nd Floot Breezeway Garage Driveway M. Bldg. Extension Extension K�l Found tion Basement Ext. Walls Both Floors Interior Finish Extension Fire Place Heat Po rch Attic Porch Rooms Ist Floor Patio Rooms 2nd Floot Breezeway Garage Driveway / /' Ll ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 11, 2014 RE: Zoning Appeal No. 6767 Transmitted herewith is Zoning Appeals No. 6767 of Garrett A. Strang for Helen Stratigos The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Garrett A. Strang Dated June 4, 2014, Certificate of Occupancy No. Z3771 for Private One Family Dwelling Dated April 2, 1970, Certificate of Occupancy No. Z20055 for Deck Addition and alteration to Existing One Family Dwelling Dated July 3, 1991, Notice of Disapproval from Building Department Amended march 13, 2014, Application for Building Permit Dated January 13, 2014, Letter of Authorization from Helen Stratigos to Garrett A. Strang to Represent Her in this Matter, Two Pages of Photos of Property Copy of Survey Showing Where Photos were Taken, Three Pages of Findings and Determination No. 5459 Dated February 12, 2004, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated November 7, 2013 Prepared by Peconic Surveyors P.C., Survey of Property Showing Proposed Construction Dated March 10, 2014 Prepared by Peconic Surveyors, P.C., Three Pages of Plans Showing Elevations and Floor Plans Dated November 8, 2013 Prepared by Garrett A. Strang, Architect. • ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/10/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6767 Stratigos, Helen 1251 $2000.00 RECEIVED JUN 1 0 209 Southold Town Clerk $2000.00 By _lc_ Thank you. Date: 06/11/14 Quantity Transactions 1 ZBA Application Fees Notes: Payment Type CK #1251 Name: Stratigos, Theodore Po Box 72 Mattituck, NY 11952 Clerk ID: CAROLH ***RECEIPT*** Amount Paid By $2,000.00 Stratigos, Theodore LJ Receipt#: 171751 Reference Subtotal 6767 $2,000.00 Total Paid: $2,000.00 Internal ID: 6767 Z tib R 19 d . ,$ �` '06 \ yM1 V ^ 61- 4.1r, 1 OO • V S'FRTIFIPD TO. � � �°S COMMONWEALTH LAND TITLE INSURANCE COMPANY �g1 TITLE No. 99—AS-18133 NORTH FORK BANK WILLIAM KELLER DEBRA KELLER �O U/MiNdMKD ALTDiA1Ct1 OR MD111DN w a �"'� """ Joseph A. Ingegno SECMN T30. ? 4E K1 TD1•I 3TATC sDAONo3 iM ,N1[ StpMa TDUGt10N w " DE AS AMD .PPNQRD Arm OWED 3 �. N"TO �11" " '" °"` SUM LNO Land Surveyor TIC 1A10 31a1t:TD1Y3 11A1m suL a DYD� gA1. snll not eE oMeDem m !i A °11p m11[ aDPr ceD�laTola so "= ova Mo 9� WERE l f011 1D1o11 UK Sumo' ♦ TS* &'"yS - Sb --s - Sit• Pias - • tywd N NR MIF m MLB1DU4tD 119�K AMDr M uyonc �_P110E {516)727-2090 FD1 (Sib)722-5083 6 AIC MD1 111ME1LIIMlE OF{1CfS LOCATID AT VAUW ADDRESS TAND EDAWDWE OOf1SRIa6M.3OF WAY on uA Swore FA a- 1931 RECANY. NOf 511DiAD1 Al1E MDT ON). w ®_ N.Y.S- Lit Ne. 44660 Aglwb g.. New Tm• 11931 Rlarb9ac Nw YM 11901 99-44� SURVEY OF LMP O 4 5 CAPTAIN KIDD ESTATES BLOCK 2 4 41 FILE No. 1672 FLED JANUARY 19. 1949 SITUATED AT MATTITUCK ��• TOWN OF SOUTHOLD YORK h�ho / 0. SUFFOLK COUNTY, NEW +, S.C. TAX No. 1000-106-01-32 sc O,, SCALE 1"=20' JULY 12, 1998 / AREA = 11.341.71 sq. ft. 0.260 cc. ti 00. 00'A gg a Pyr + 0- "G, " Y1 Z tib R 19 d . ,$ �` '06 \ yM1 V ^ 61- 4.1r, 1 OO • V S'FRTIFIPD TO. � � �°S COMMONWEALTH LAND TITLE INSURANCE COMPANY �g1 TITLE No. 99—AS-18133 NORTH FORK BANK WILLIAM KELLER DEBRA KELLER �O U/MiNdMKD ALTDiA1Ct1 OR MD111DN w a �"'� """ Joseph A. Ingegno SECMN T30. ? 4E K1 TD1•I 3TATC sDAONo3 iM ,N1[ StpMa TDUGt10N w " DE AS AMD .PPNQRD Arm OWED 3 �. N"TO �11" " '" °"` SUM LNO Land Surveyor TIC 1A10 31a1t:TD1Y3 11A1m suL a DYD� gA1. snll not eE oMeDem m !i A °11p m11[ aDPr ceD�laTola so "= ova Mo 9� WERE l f011 1D1o11 UK Sumo' ♦ TS* &'"yS - Sb --s - Sit• Pias - • tywd N NR MIF m MLB1DU4tD 119�K AMDr M uyonc �_P110E {516)727-2090 FD1 (Sib)722-5083 6 AIC MD1 111ME1LIIMlE OF{1CfS LOCATID AT VAUW ADDRESS TAND EDAWDWE OOf1SRIa6M.3OF WAY on uA Swore FA a- 1931 RECANY. NOf 511DiAD1 Al1E MDT ON). w ®_ N.Y.S- Lit Ne. 44660 Aglwb g.. New Tm• 11931 Rlarb9ac Nw YM 11901 99-44� 1600 Sound Beach Drive SCTM # 1000-106-01-31 Two Lots West of Stratigos Principal Building +/- 32' Front Yard Setback By Laser measurement , a �lrla a 1550 Sound Beach Drive SCTM # 1000-106-01-32 One Lot West of Stratigos Accessory Structure 18.2' Front Yard Setback By Survey, Attached r,. 1450 Sound Beach Drive SCTM # 1000-106-01-34 One Lot East of Stratigos Accessory Structure +/- 16' Front Yard Setback By Laser measurement 1350 Sound Beach Drive SCTM # 1000-106-01-36 Three Lots East of Stratigos RV Parked in Front Yard 1300 Sound Beach Drive SCTM # 1000-106-01-37 Four Lots East of Stratigos Accessory Garage +/- 35' Front Yard Setback By Laser measurement Note: This Lot is Wider and Deeper Than The 6 Lots To The West TOWN O% SOUTHOLD, NEW YORK DATE OctobeZ.. 2 3, 196 9 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1294 Dated October 9, 1969 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To A. Reilly & Sons a/c Burt X. McConnell Appellant Mattitucke New York lo.Weaver Drive Westo Amitwille� Drew ___X9k at a meeting of the Zoning Board of Appeals on October 23, 1969 the appeal was considered and the action indicated below was taken on. your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (� Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsectlon .................... paragraph ........... I........ of the Zoning Ordinance and the decision of the, Building Inspectorr ( ) be reversed ( ) be confirmed because 9:00 P:M. (S.D. S. T.) i ' upon application ' of ,A. ' Reilly & Sons, Mattitucke New York, a/c Burt E. McConnell,, 20 Weaver Drive, West Amityville, New York, fora variance in accordance with the Zoning Ordinance's Article III, Seetion 304,�fdr permission -to build new one family dwelling with reduced'ffont'yard setback. Location of property: north side of Bound -Beach Drive, Captain Kidd Estates, dot No. 33, Mattituck, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( } be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE *alrma ING BOARD OF APPEALS FORM ZB4et eville, Becretary Southold Town Board of Appeals oard of AP als After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with reduced front yard setback. The Board finds that the applicant is the owner of a 50 ft. corner lot on an approved filed map, making it impossible io meet 'the -35 ft. setback on the westerly side fronting the turn around. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shamed by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character 69 the neighborhood and will observe the spritit of the Ordinance. THSRB`FORE, IT WAS RESOLVED A. Reilly & Sons, Mattituck, New York, a/c Burt E, McConnell, 20 Weaver Drive, West Amityville, New york, be GRANTED permissioi�,to-build nsw•one family dwelling with reduced f;ont yard sgtback a$ applied for on-propertyi,. located -at north' -side -of Sound Beach Drive, Captain Kidd Estates, Lot No. 33, Mattituck, ,New York` •su'b,�pct to-.tYhe condition that the house, which is 241,-x 36' ft., shall.be-located at 10 ft. from the easterly line and 16 -ft. from the turn around. vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. y,-3r.Q W; `APPEALS BOARD MEMBERS �; `' S1SFF0(,� el *- ;. Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. y P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins y ��' ZBA Fax (516) 765-9064 George Horning �1!hpd �a�;�" Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD�� FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 18, 1999 Appl. No..4767 - WILLIAM KELLER, SR. 1000-106-1-32 STREET & LOCATION: 1550 Sound Beach Drive, Mattituck DATE OF PUBLIC HEARING: November 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a 11,342 sq. ft. parcel improved with a single- family one-story dwelling with the existing deck and accessory shed structure. The lot is a waterfront lot and has a road frontage of 50.23 ft. along the north side of Sound Beach Drive and 229.52 ft. depth along the east side and 224.16 ft. along the west side. BASIS OF APPLICATION: Building Inspector's October 22, 1999 Notice of Disapproval disapproving applicant's request for a building permit for the reason that the deck is 34.8 feet from the bulkhead at its closest point. Article =11, Section 100-239.46 (eff. 5/1985) requires a 75 ft. setback. AREA VARIANCE RELIEF REO EU STED: Applicant requests a Variance for an "as built" open deck addition at the rear of existing dwelling which has existed for at least 30 years. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "as built deck addition" has existed in its present location for at least 30 years with no adverse impact on the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an rea variance, because the house and deck were constructed prior to the Town Code's requirement that a structure be set back a minimum of 75 feet from a bulkhead. 3. The variance is not substantial and represents a 11.8 ft reduction in the existing nonconforming bulkhead setback of the dwelling, which is 46.6 feet. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because during the past 20 years the beach area between the bulkhead and the high water mark has accreated at an annual rate of more than one foot per year, according to U.S.G.S. Studies. According to the July 12, 1999 survey submitted with this application, the distance of beach area between the bulkhead and the high water mark is at least 95 feet. This 95 -foot buffer zone is more than sufficient to preserve the intent of the code regulation, and to protect the environmental conditions of the area. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of the existing deck, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. 4- 00 00'' Er � o� ti �O f� CERTIFIED TO: COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE No. 99—AS-18133 NORTH FORK BANK WILLIAM KELLER DEBRA KELLER UNAIHOTB3ED ALTERATION OR ADDITION TO THU SURVEY IS A MOIATDN OF SECTION 7309 OF ME NEN YORK STATE EDUCAIIOH LAN COPIES OF MS SURVEY MAP NOT emwc THEND LASURVEYOR'S INKED SEAL OR EMBOSSED SEAL SMALL NOF BE CONSIDERED VALID BE A VATRUE COPY CERRfICATIDNS INDICATED HEREON SWILL RUM ONLY TO THE PERSON FOR -WNW THE SURVEY 15 PREPARED. AND ON HIS BEHALF TO THE TLRE COMPANY, COVEMIMENT& AGENCY AND LEM, INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING *W- TUTION Ca/DfI AYIDNU ARE NOT TRANSFERABLE THE EXISTENCE OF RGNTS OF WAY ANO/OR EASEMENTS OF RECORD.IF ANY, MOT SHOWN ARE NOT GUARANTEED. SURVEY OF LOT 34 MAP OF CAPTAIN KIDD ESTATES BLOCK 2 FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-106-01-32 SCALE 1"=20' JULY 12, 1999 AREA = 11,341.71 sq. ft. 0.260 ac. oa rP� �r4 ati yosP0 1. ° q \ % 0 Tri \ � L9 ♦`6� i C\""+IAD 5' •1e� s \ S .- S It �{at 0. �., - -Who-.-'" ,s� r • E� tE' o O ao r DO ' �o 1 " � 5�� 5ti � � S 51•c�0 �'� �O Joseph A. Ingegno Land Surveyor TV, SMrueys — SuDQIvitiew5 — ske PkIR9 — Cmdruct— LDycut PHONE (516)727-2090 Fo. (516)722-5093 OFFICES LOCATED AT MAILING ADDRESS 0"'U- square P.0 Bo. 1931 Aquebogue. New York 11931 R;-rh..d, New York 11901 APPEALS BOARD MEMBERS��t' • O" 4 Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora w O � !� Southold, NY 11971-0959 Vincent Orlando TeL (631) 765-1809 James Dinizio. Jr. �l �►�� Fax (631) 765-9064 http:!/southoidtow n.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION FEB 1 8 MEETING OF FEBRUARY 12, 2004 Appi. No. 5459 - HELEN STRATIGOS Southold Town jerk Property Location: 1500 Sound Beach Drive, Mattituck; Parcel 106-1-33. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned.. PROPERTY FACTS/DESCRIPTION: The applicant's 12,406 sq. ft. parcel has 50.23 feet along Sound Beach Drive in Mattituck. The property is Improved with a one-story frame house with rear deck, as shown on the August 11, 2003 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's October 2, 2003 Notice of Disapproval, citing Sections 100-242A and 100-244 in its denial of a building permit application concerning a second - story addition proposed over the existing dwelling with a side yard at less than 10 feet and both side yards at less than 25 feet. FINDINGS OF FACT The Zoning Hoard of Appeals held a public hearing on this application on January 22, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following fads to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a second -story addition over the existing one-story frame house without changing existing setbacks. The easterly side yards are 5.3 feet and 6.5 feet, and the westerly side setbacks are 9.0 and 9.3 feet. ADDITIONAL INFORMATION' The existing house Is located to the north of a large, fully vegetated, stable bluff which is at least 100' high. The adjacent beach on the north side of the house is in stable condition without active erosion_ REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's house is one of many single -story houses along Sound Beach Drive In Mattituck. Out of approximately 20 houses on Sound Beach Page 2 — February 12, 2004 Appl. No. 5459 — Helen Straiigos 106-1-33 at Mattituck Drive, two of the houses are two stories. The existing 5.3 ft. easterly setback on the northern comer will remain the same and the southeast comer of 6.5 ft. will also remain the same. The southwest comer will remain at 9.3 ft., resulting in no change of the same existing footprint, as per the submitted plans from Peconic Surveyors, P.C. dated November 3, 2003. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This particular lot is very narrow and long, which leaves the side yards as exist, and with little or no room for expansion. The only logical design is to build up, over the existing first story, for additional floor area. 3. The variance granted herein is substantial. The requested setback represents a 50% reduction from the current code requirement of 10 feet for the easterly side. The total side yard set back represents 40+-0/6 reduction from the current code requirement of 25 feet for both sides. 4. The difficulty was self-created, when the lot was purchased with the knowledge of tight side yard tolerance. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The addition is over the existing single -story dwelling and is not being located closer to the wetland area adjacent to the Long Island Sound. The dwelling will also be brought into conformity with the minimum elevations above mean sea level required by the Federal Emergency Management Act (FEMA) regulations. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second -story addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, shown on the survey prepared by Peconic Surveyors, P.C. dated November 3. 2003, with the condition that the side yard setbacks not be changed and when the building is raised to meet FEMA elevations, the footprint shall remain in the same location. Gutters. downspouts and drywells are proposed to be installed to contain water on site, without runoff onto adjacent areas. This action does not authorize or condone any current or future use. setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly • Page 3 —February 12, 2004 Appi. No. 5459 — Helen Stratigos 106-1-33 at Mattituck addressed in this action. • Vote of the Board: Ayes: Members Oliva Chairwoman), Orlando, and Dinizio. Absent was Member Goehringer. (Member Tortora abstai This R s duty adopted (3-0). Ruth D. Oliva, Chairwoman 267/04 Approved for Filing Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3704 Application Dated December 15, 1987 TO: Mr. and Mrs. James Meskouris [Appellant (s) 40-08 Morgan Street Little Neck, NY 11363 At a Meeting of the Zoning Board of Appeals held on February _2 1988, the above appeal was considered, and the action indicated below was taken on your [ } Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ } Request for Special Exception under the Zoning Ordinance Article , Section [X1 Request for Variancesto the Zoning Ordinance Article Ili, Section 100-31, and Article XI, Section 100-119.2 [ ) Request for Application of JAMES MESKOURIS. Variances to the Zoning Ordi- nance, Article III, Section 100-31, Bulk Schedule, as to excessive lot coverage, and Article XI, Section 100-119.2 as to construction within 100 feet of bulkhead and ordinary highwater mark along Long Island Sound, for the proposed construction of open decks attached to existing dwelling. Location of Property: 1400 Sound Beach Drive, Mattituck, NY; Cpt. Kidd Estates Lot #37; County Tax Map Parcel No. 1000-106-1-35. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of JAMES MESKOURIS under Appl. No. 3704; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to a,s Lot No. 37 as shown on the 1949 Map of Captain Kidd Estates filed as Map No. 1672 in the Suffolk County Clerk's Office. 2. The subject premises fronts along the north side of Sound Beach Drive 50.23 feet, contains a total lot area of approximately 9073 sq. ft. and is improved with a single- family dwelling having a floor area of 1176± sq. ft. and accessory dollhouse structure containing an area of 58.32+ sq. ft., all as more particularly shown by survey prepared April 17, 1986 by Peconic Surveyors & Engineers, P.C. (CONTINUED ON PAGE TWO) DATED: March 2, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 .- Appl. No. 3704 Matter of JAMES MESKOURIS Decision Rendered February 2, 1988 3. The subject premises is located in the "A" Residential and Agricultural Zoning District which requires minimum sideyards at 10 and 15 feet and maximum total lot coverage up to 20 percent of the lot area. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one -hundred [100] feet from the ordinary highwater mark. 5. For the record it is noted that: (a) the N.Y.S. Department of Environmental Conservation by letter dated July 30, 1987 determined that no permit is necessary under Article 25 of the Environmental Conservation Law, and (b) the Southold Town Trustees waived jurisdiction by letter dated August 28, 1987. 6. By this application, appellant is proposed to construct an open wooden deck at the rear (north) end of the existing dwelling, extending to the nearest existing concrete block wall not more than 19 feet, leaving a setback from the tie line along mean high water at 60+ feet, and from the furthest wood bulkhead at 17 feet at its closest point. The width of the deck at its widest point is proposed at 50.02 feet. Also proposed is an open deck area along both sides of the dwelling from the rear of the house and extending southerly to the existing planter and stoop areas, all as shown by the sketched survey submitted with this application. 7. The total lot coverage requested for the existing and proposed deck construction is 2559 sq. ft. In considering this appeal, the Board also finds and determines: (a) that the relief requested is not substantial in relation to the mean highwater mark; (b) that the percentage of relief requested as to lot coverage is eight percent over the maximum -permitted; (c) that along the rear and both sides of this property are constructed concrete block walls, which lend to the uniqueness of this parcel and creation of the difficulties imposed herein; (d) that the circumstances are unique to the parcel and are not personal in nature; (e) that the construction as proposed is landward of the existing bulkhead and existing concrete block wall; (f) that there is no other method feasible for appellant to pursue other than a variance; (g) that this proposal would alleviate the multi-level situation of the rearyard and possible erosion in the future and which the Board finds are sufficient to warrant; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests Page 3 - Appl. No. 3704 Matter of JAMES M_ESKOURIS Decision Rendered February 2, 1988 of justice will be served by granting the relief, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of JAMES MESKOURIS under Appeal No. 3704, for the construction of open decks, SUBJECT_ TO THE FOLLOWING CONDITIONS: 1. The decks be constructed at a height above not to exceed 16 inches (two 8" steps as proposed herei?rade , 2. The decks remain open, unroofed and unenclosed at all times as proposed herein; 3. The decks not be constructed past or over the existing concrete party walls; 4. That this construction shall not be used in deter- mining the average established setbacks for a principal building as to liveable floor area, etc. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. Ik GERARD P. GOE RINGER, AIRMAN March 2, 1988 pXrCMED AND FILED BY THE SOU'HOLD TOVIM CL DATE 3/3/i<( iti HOUR -3,/" • Town Clerk, .Town of Southold _ A Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net Mailing Address: 53095 Main Road P.O. Box 1179 Southold; NY 11971-0959 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax.(631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 3, 2009 ZB File No. 6326 Chris Meskouris 'Property Location: 1400 Sound Beach Drive, Mattituck adjac CTM 106-1-35.1 ent to Long bland Sound SEQRA DETERMINATION: The Zoning Board -of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. Si1FFOLK COVNTY ADMINISTRATIVE CODE: This application was referred as required under the Stiffoik County Administrative Code Sections'A '14-14 to •23, and the Suffolk County Department of Planning issued its reply dated August. 19, 2009 stating that .this application is considered a matterfor local determination as there appears to be no significant county -wide or inter -community impact. PROPERTY FACTSDESCRIPTION: The subject property is a non -conforming 6,0.45 (from the coastal erosion line) sq. ft. lot in the R-40 District. it measures 50:23 ft wide along Sound .Beach ft Drive and Long Island Sound and 227.65A. deep from the road to. the Tie Line.. It is improved with a single family dwelling and wood decks. BASIS OF APPLICATION: Request for Variances .under Section 280-124 based ori the Building Inspector's revised July 16, 2009 Notice of. Disapproval concerning a new pergola arid new patio (after removal of deck) with a setback at less than 10 feet on a single side yard, less than 25 feet on total side yards, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet lot (measured from the Coastal Erosion Line). LWRP: TOWN CODE CHAPTER 268: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP standards and therefore is CONSISTENT with the LWRP. policy Page 2 — December 3, 2009 ZB File No. 6326 — Chris Meskouris CTM No. 106-1-35.1 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 29, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to remove an existing at grade wood deck and. replace it with a stone patio and construct a wood framed open air pergola on the seaward (Northern) side of the house over the stone patio. The pergola is proposed at 10.7 ft. high x 43 ft long running along the north (seaward) elevation of the dwelling, and projecting 15 ft. from the northern wall of the house, and wrapping around the easterly side of the house for an additional 19.5 ft. x 13.6 ft wide to cover the easterly side yard. It will maintain the non -conforming side yard setbacks of the existing wooden deck at .5 ft. single side yard and total side yard of 1 ft. It will reduce the existing non -conforming lot coverage of 45.4% to 43.6%. As shown on the site plan and elevation by Architecnologies dated 5-28-09 sheets A -1.E and A-1. AMENDED APPLICATION: During the hearing, the applicant was asked by the Board of Appeals to reduce the depth of the pergola so as to permit its efficient functioning as a sun -shading device but also to reduce the potential adverse impact of the proposed pergola on the consistent seaward setbacks of the adjacent and other existing houses in the neighborhood. On November 9, 2009 the applicant's architect, frank Notaro, submitted an amended plan decreasing the depth of the proposed pergola from 9.7.ft. to 9.3 ft. ADDITIONAL INFORMATION: A previous variance was granted to James Meskouris by the Board of Appeals on December 15, 1987 (Appeal no. 3704) to permit the construction of the existing wood deck with the condition that it remain "open, unroofed, and unenclosed at all times as proposed herein." REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law &267-bWbk3N1) Grant of the variance as applied for and in the amended plan submitted will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most homes in the area have excessive lot coverage because they were originally small seasonal cottages built on narrow lots. Many homes in the neighborhood have been improved and enlarged for year round use like the applicant's home. However, the pergola, as proposed, is a large vertical structure projecting beyond the seaward wall (north) of the home toward Long Island Sound, which currently does not exist in the area which is characterized by seaward decks and patios that are open to the sky. Alternate relief will bring the proposed pergola more in line with the seaward setbacks of the neighboring dwellings, and will lessen adverse impacts on the character of the neighborhood. 2. Town Law §267-b(3Xb)(2). The benefit sought by the applicant as applied for and in the amended plan submitted can be achieved by some method, feasible for the applicant to pursue, other than an area variance as requested. The benefit sought can be achieved by the alternative relief granted herein. Page 3 - December 3, 2009 ZB File N'o. 6326 - Chris Meskouris CTM No. 106-1-35.1 3. Town Law F267-b(3)(b)(3) The variance granted herein is substantial insofar as the previous variance granted by the Board of Appeals on December 15, 1987 (appeal no. 3704) required that the existing deck remains open to the sky. Although the proposed pergola is an open air wood framed structure that is unroofed and unenclosed, its proposed size and vertical mass does not comply with the intent of the 1987 variance. 4. Town Law &267-b(3)(b)(5)L The difficulty has been self-created. The applicant's request for a variance is purely personal in nature and, as such, constitutes an improper basis for a land use approval. Personal convenience, in this instance the construction of a pergola to enhance the aesthetic appeal of the applicant's dwelling and provide sun shading, is not a basis for a Board to grant an applicant's requested relief, especially where, as here, the requested relief is substantial and is detrimental to the character of the surrounding community. 5. Town Law 5267-b(3 b)(4) No evidence has been submitted to suggest that a .variance in this residential community, as granted by the alternative relief provided herein, will have an adverse impact on the physical or environmental conditions in the neighborhood. There will be no roof runoff since the structure is unroofed. 6. Town Law &267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a pergola while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman, seconded by Member Schneider, and duly carried, to DENY the variances as applied for as shown on the site plan and elevation by Architecnologies dated 5-28-09 sheets A -1.E and A-1, and DENY the variances as applied for in the amended plan by Architecnologies dated 10-9-09 and GRANT ALTERNATIVE RELIEF as noted below: 1. Remove the condition imposed in ZBA Appeal no. 3704 (December. 15, 1987) which granted the construction of a wood deck (now existing) with the condition that it femain "open, unroofed, and unenclosed at all times as proposed herein." 2. The maximum projection (depth) of the propos ola from the northerly (seaward) wall of shall be no greater th et at any point to the ou er traits of t e overhang. -- 3. The pergola shall project no more than 6.4,fefrotn the west wall of the dwelling and no more than 13.6 ft .from the east wall as proposed on the site plan by Architecnologies dated 11-9-09. `Z Page 4 — December 3, 2009 ZB File (`4o. 6326 — Chris Meskouris I CTM No. 106-1-35.1 Cond tions: 1. A final site plan and elevations for the proposed pergola and patio showing the alternative relief described herein with a recalculation of the final lot coverage shall be building permit. submitted the Board .of Appeals for stamping and filing prior to the issuance of a 2. The pergola as granted through alternative relief shall remain open, unroofed and unenclosed at all times 3. No other vertical structure shall be permitted on the seaward side of the applicant's dwelling by virtue of this variance, other than the pergola described herein That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, of demolitions which are not shown on the applicant's diagrams or survey site maps, are notauthorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. 'That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoni action does not authorize or condone any current or future use, setback or other feature of the subject prope code This violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this arty cctio t may The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not Increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Schneider and Weisman. Nays: Member Simon. Member Horning wap absent. This Resolution was duly adopted (3-1). Gerard P. Goehringer, Chairman 1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 01 111.1� ..... .. . ... ACTION OFTHEBOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 • RECEIVED OCT N 6 7590 JZ NZZGERALD Upon Application for CHRIS, JAMES and PETER MESKOURIS for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, width and depth of parcel with an existing single-family dwelling (re -separate lots that are merged), Article III, Section 100-31A, and Article XXIII, Section 100-239dA(2) for proposed deck construction which requires approval as to insufficient sideyards, excessive lot coverage, and reduced setback from the minimum required setback from the ordinary high-water mark of Long Island Sound. Property Location: 1350 Sound Beach Drive, Mattituck; County Tax Map No. 1000, Section 106, Block 1, Lot 36. WHEREAS, public hearings were held on June 27, 1990 and on September 26, 1990, concerning the Appeal Application filed by Proper -T Services, Inc. in behalf of CHRIS, JAMES AND PETER MESKOURIS under Appl. No. 3951; WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and W111EREAc, the Board has carefully considered all testimonif' and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low -Density Residential R-40" Zone District and is referred to as District Ij sem: +P rn �9 'Ile BOARD OF APPEALS TOWN OF SOUTHOLD 01 111.1� ..... .. . ... ACTION OFTHEBOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 • RECEIVED OCT N 6 7590 JZ NZZGERALD Upon Application for CHRIS, JAMES and PETER MESKOURIS for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, width and depth of parcel with an existing single-family dwelling (re -separate lots that are merged), Article III, Section 100-31A, and Article XXIII, Section 100-239dA(2) for proposed deck construction which requires approval as to insufficient sideyards, excessive lot coverage, and reduced setback from the minimum required setback from the ordinary high-water mark of Long Island Sound. Property Location: 1350 Sound Beach Drive, Mattituck; County Tax Map No. 1000, Section 106, Block 1, Lot 36. WHEREAS, public hearings were held on June 27, 1990 and on September 26, 1990, concerning the Appeal Application filed by Proper -T Services, Inc. in behalf of CHRIS, JAMES AND PETER MESKOURIS under Appl. No. 3951; WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and W111EREAc, the Board has carefully considered all testimonif' and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low -Density Residential R-40" Zone District and is referred to as District t Page 3 - Appl. No. 3951 Matter of CHRIS MESKOURIS & ORS Decision Rendered October 17, 1990 (a) the subject premises are nonconforming not only as to lot area and width but is believed to have been improved with a dwelling structure built during or before 1960; (b) lots in the immediate vicinity of the subject premises to the west and east are of a similar size in this preexisting subdivision of Cpt. Kidd Estates 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since the parcel is believed to have been improved with a dwelling before 1960; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that similar relief was granted to County Tax Map Lot 1000-106-1--35 (Subdivision Lot 37) located to the west of this parcel; (f) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #5, supra), in the Matter of the Application of CHRIS, JAMES and PETER MESKOURIS under Appl. No. 3951, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be constructed at a height not to exceed 16 inches above grade; 2. That the deck remain open, unroofed and unenclosed at all times (as proposed); APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James DWt io, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTTHOLD ACTION OF THE BOARD OF APPEALS �r SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 PECEIVEp OCT 2 6 i,�yo J.iE. F1 iZGERALQ Upon Application for CHRIS, JAMES and PETER MESKOURIS for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, width and depth of parcel with an existing single-family dwelling (re -separate lots that are merged), Article III, Section 1.00-31A, and Article XXIII, Section 100-239dA(2) for proposed deck construction which. requires approval as to insufficient sideyards, excessive lot coverage, and reduced setback from the minimum required setback from the ordinary highwater mark of Long Island Sound. Property Location: 1350 Sound Beach Drive, Mattituck; County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. WHEREAS, public hearings were held on September 26, 1990, concerning the Appeal Application filed by Proper -T Services, Inc. in behalf of CHRIS, JAMES AND PETER MESKOURIS under Appl. No. 3957; WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low --Density Residential R-40" Zone District and is referred to as District Page 2 - Appl. No. 3957 Matter of CHRIS MESKOURIS & ORS Decision Rendered October 17, 1990 (Appl. No. 3957 - MESKOURIS decision, continued:) 1000, Section 106, Block 01, Lot 37 on the Suffolk County Tax Maps, situate along the northerly side of Sound Beach Drive, Mattituck, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total lot area of 15,096 sq. ft. with 75.00 ft. road frontage (lot widt1l; (b) was conveyed by separate deed to the Meskourises by Deed at Liber 10959 page 396 on August 24, 1989, and immediately adjoining the subject lot to the west exists other premises, in common ownership, of the Meskourises conveyed by Deed at Liber 10849 page 466 on April 11, 1989. (c) is improved with a single-family dwelling as shown by the May 14, 1990 survey prepared by Anthony W. Lewandowski, L.S. with setbacks as exist at 63.5 feet from the southerly €front) property line, six feet from the easterly (side) property line, 108+- feet from the average high water mark (to the north) of the Long Island Sound, and 13+ feet from the westerly (side) property line. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area of 40,000 square feet and minimum side yards at 15 and 20 feet for a total of 35 feet. 4. Article XXIII, Section 100-239dA(2) requires a setback of not less than 100 feet from the average (ordinary) highwater mark of Long Island Sound for new buildings. 5. The relief sought by this application are variances for approval of: (a) the subject lot with a lot area of 12,506 sq. ft. (per filed map) and lot width of 75 feet, said land presently improved with an existing one -family dwelling; (b) proposed open deck construction to be set back 92+- feet from the average highwater mark along the Long Island Sound and 1-1/2 feet from the westerly side yard, and total side yards at 7-1/2 feet; 6. For the record, it is noted that: 1641UA -c o Page 3 - Appl. No. 3957 Matter of CHRIS MESKOURIS & ORS Decision Rendered October 17, 1990 (a) the subject premises are nonconforming not only as to lot area and width but is believed to have been improved with a dwelling structure built during or before 1960; (b) lots in.the immediate vicinity of the subject premises to the west and east are of a similar size in this preexisting subdivision of Cpt. Kidd Estates; (c) the total lot area, to the ordinary highwater mark of the Long Island Sound, is shown to be 15,096 sq. ft. (d) the total coverage of the lot, with the proposed deck, is 2320+- and a variance is not necessary since the total coverage of the parcel by buildings is less than the maximum 20% of lot area to the highwater mark. 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since the parcel is believed to have been improved with a dwelling before 1960; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that similar relief was granted to County Tax Map Lot 1000-106-1-35 (Subdivision Lot 37) located immediately to the west of this parcel; (f) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #5, supra), in the Matter of the Application of CHRIS, JAMES and PETER MESKOURIS under Appl. No. 3957, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be constructed at a height not to exceed 16 inches above grade; 2. That the deck remain open, unroofed and unenclosed at all times (as proposed); Page 4 - Appl. No. 3957 Matter of CHRIS MESKOURIS & ORS Decision Rendered October 17, 1990 3.. That evidence be furnished in the form of a Certificate of Nonconforming Premises, or other documentation satisfactory to the Board of Appeals, concerning the preexistence of the subject dwelling before issuance of the building permit here- under. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent was: Member Sawicki.) This • resolution was duly adopted. GERARD P. GOEFRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Southold Town Hall Q 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS AND I`U,t'.,, TOWN OF SOUTHOLD OUTEIOLD TOWM t_ _ FINDINGS, DELIBERATIONS ANDMfg MEETING OF APRIL 19, 2 Appl. No. 4807 - JAMES MESKOURIS & ORS. 1000-106- -36 STREET & LOCATION:, 1350 Sound Beach Drive, Mattituck %m Clerk, Town of Sc,: - u DATE OF PUBLIC HEARING: April 6, 2000--�' FINDINGS OF PROPERTY FACTS/DESCRIPTION: The applicantsproperty is a 12,100 +- sq. ft. parcel improved with a single-family one-story dwelling with existing decks. The lot is a waterfront lot with 50.75 ft. frontage along Sound Beach Drive and 245.26 ft. lot depth along the east property line. BASIS OF APPLICATION: Building Inspector's 3anuary 25, 2000 Notice of Disapproval disapproving applicant's request for a building permit for the reason that the roof addition to existing deck was not permitted pursuant to Condition #2 of ZBA Appeal No. 3951. Condition *2 of ZBA Appl. No. 3951 dated October 17, 1990 states "the deck shall remain open, unroofed and unenclosed at all times (as proposed)." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a roof addition over the existing deck as shown on the March 8, 2000 construction plan. REASONS FOR BOARD ACTION DESCRIBED BELOW Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted because similar decks with roofs exist on several houses in this neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because various awning devices have been erected to no avail as these temporary structures have not been able to withstand the severe weather conditions on the area. 3. The amount of relief requested is not substantial because the proposed roof structure will only cover the existing deck. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a roof over the existing deck, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was • Page 2 - April 19, 2000 Z8A Appl. No. 4807 - C. Meskouris & Ors. Parcel 1000-106-1-36 at Mattituck( RESOLVED, to GRANT the variance as applied for, SUBJECT to the following CONDITIONS: 1. All construction including deck and roof overhang must remain landward (south) of the Coastal Erosion Hazard line. 2. The structure may not be permanently enclosed (except for screens). VOTE OF THE BOARD: AYES: Members Goehringer (Cha' zio, This Resolution was duly adopted (3-0). �7 GERARD P. GO April 20, 2000 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman O�pS11Ef0(q-c0 James Dinizio, Jr. Lydia A. Tortora Lora S. Collins to u0 • George Homing �_: -- - ------------, BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION is I MEETING OF APRIL 19, 2000 _ t Appl. Nd: 4803 = JAMES MESKOURIS & ORS 1000-106-1-37 STREET & LOCATION: 1300 Sound Beach Drive, Mattituck DATE OF PUBLIC HEARING: April 6, 2000 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants property is a 18,700 +- sq. ft. parcel improved with a single-family one-story dwelling with existing decks. The lot is a waterfront lot with 75.23 foot frontage along Sound Beach Drive and 254.46 foot lot depth along the easterly property line. BASIS OF APPLICATION: Building Inspector's January 25, 2000 Notice of Disapproval, amended March 8, 2000. The reason stated in the Disapproval is that the roof addition to existing deck was not permitted pursuant to Condition #2 of ZBA Appeal No. 3951. Condition #2 of ZBA Appl. No. 3951 dated October 17, 1990 states "the deck shall remain open, unroofed and unenclosed at all times (as proposed)." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a roof addition over the existing deck as shown on the March 8, 2000 construction plan. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, K granted because similar decks with roofs exist on several houses in this neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because various awning devices have been erected to no avail as these temporary structures have not been able to withstand the severe weather conditions on the area. 3. The amount of relief requested is not substantial because the proposed roof structure will only cover the existing deck. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Garrett A. Strang Architect July 18, 2014 Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals POB 1179 Southold, NY 11971 Re: Proposed Additions to Residence, 1500 Sound Beach Drive, Mattituck, NY SCTM #1000-106-01-33.1 ZBA Appeal # 6767 Dear Ms. Kanes Weisman and Members of the Board: 1230 Traveler SL., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 X101 RECEIVED JUL 18 2014 ZONING BOARD OF APPEALS In accordance with the request of the Board made during the July 10'h Public hearing, I have enclosed 6 copies of the following documents for your review and consideration: Variances previously rendered on the subject property and 5 of the neighboring properties of similar size. Revised Site Plan showing storage shed in lieu of the originally proposed garage. The storage shed as proposed is 12 feet wide by 16 feet deep with a maximum height of 16' which is approximately half the size of the originally proposed garage thereby reducing the lot coverage. It is located 5 feet from the East side property line as required by code. The front yard setback remains at the proposed 18' which is consistent with the sheds on the immediately neighboring properties although, if the Board requires an increase in the setback, my client is agreeable provided that at least an 8 foot separation between the house and the shed be maintained. The size of the proposed shed is the minimum practical for the purpose of storing beach/patio/deck furniture and recreational items in the off season although once again, my client would be amenable to a small reduction in size if the Board insisted as it his opinion that a minimally smaller shed would be better than no shed at all. I wish to reiterate that with regards to the side yard setbacks for the partial second floor addition to the house; we are not seeking to modify the setbacks established by the variance granted under appeal # 5459. It continues to be my position that the setbacks established in that variance continue in perpetuity and the proposed addition falls within those setbacks and should not need any relief from this board nor should it have been a part of the application. Thank you for your consideration of the above and if any additional documentation or information is required please contact my office. Respectfully submitted; Garrett A. Strang, Architect Encs. l� BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SOUr�o� http://southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 10, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JULY 10, 2014: 1:50 P.M. - HELEN STRATIGOS #6767 - Request for Variances from Article XXIII Section 280-124 and Section 280-15(B)(F) and the Building Inspector's January 27, 2014, amended March 13, 2014 Notice of Disapproval based on an application for building permit for second story addition to existing single family dwelling and an accessory garage, at; 1) less than the code required combined side yard setback of 25 feet, 2), more than the code permitted maximum lot coverage of 20%, 3) Accessory garage at less than the code required front yard setback of 35 feet, 4) accessory garage at less than the code required side yard setback of 5 feet, located at: 1500 Sound Beach Drive (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-106-1-33.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: June 13, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of �EL 6,r/ Yrk 4 r/G"D S (Name of Applicants) S CTM Parcel # 1000= iD (® l _ 3? , COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF MAILINGS I, C.�I4K•GE�N - JTiIC �•1G residing at /Y� Tl2 �s [.E-�a-'",vT,�.oc.,p New York, being duly sworn, deposes and says that: / On the /87W da of 7-0,16) 1& , 20 /y, I personally mailed at the United States Post.Office inyT'l�e�.rj , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property_ Sworn td before me this /8r?' day of �rPwE , 20/1/ (Notary Public) (Signature) Barbara A. Strang Notary Public, New York No 4730095 Qualified in Suffolk Ownly Comm, 9xPlrV8 Just 811 U j. PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • 1000-106-1-34.1 George and Irene Thomas 33-15 210'' Street Bayside, NY 11361 1000-106-1-32.1 James and Christine Meskouris POB 1655 Murray Hill Station NY 10156 M (DomesticOnly; ti Ln For delivery information visit our website, at WWW.USpS.GOM,,r- r� Postage $ $1.19 N -� r Certified Fee $3.30 C3 Return Receipt Fee Postmark 0 (Endorsement Required) $2.70 Restricted Delivery Fee p (Endorsement Required) $0.00 O Total Postage & Fees $ $7.19 6 rr, Sent To O Street, Street, t %Vo.; '`yr or PO Box No.•/✓Q_,it �7L(r t/ii".A 5.! - - -- - - ----------------------- City, State, ZIP+4 l �g 'Al PS Form 3800, 2006 See Reverse for Instructions -r - - p (Domestic Mail Only; M Ln For delivery Information visit our website at www.usipsxornQ� Ln BAID w 411 _` r 7 Postage $S06/1 p Certified Fee $3.30C3 Return Receipt Fee C3(Endorsement Required)$2.70Restricted Delivery Fee id (Endorsement Required) $0.00C3 Total Postage & Fees $ $7.19 M Sent To o �?!'ya-------�-----10 ----------------- S`treet, Apt No.; e� T'� Z/ r s� N or PO Box No. Ciry'sisie; ziP+a - ------------------------ :r. August 2006See Reverse for Instructions 1000-106-1-30.2 Bill and Christina Livanos 54 Wrights Mill Road Armonk, NY 10504 Postal ..0 CERTIFIED MAIL. RECEIPT m Mail Oniy; No Insurance Coverage Provided) —(Domestic Ln Ln * ib71—�oi y ? � 06* i> Postage $ $1.19 D 0 Certified Fee $3.30 C3 0 Return Receipt Fee (Endorsement Required) J Postmark $2.70 C3 Restricted Delivery Fee (Endorsement Required) $0.00 x" N' O Total Postage F//e^�es-� $7.19 GJ` r -q 1& //$ Sent o VN/V !� p r— r— treat A t No.; or PO Box No. -- --- - - ---------------- Clty, State, ZIP+4 ----- --------------------------------- ------------------------- 2�iv✓�c :rr August 2006 See Reverse for instructions M (DomesticOnly; ti Ln For delivery information visit our website, at WWW.USpS.GOM,,r- r� Postage $ $1.19 N -� r Certified Fee $3.30 C3 Return Receipt Fee Postmark 0 (Endorsement Required) $2.70 Restricted Delivery Fee p (Endorsement Required) $0.00 O Total Postage & Fees $ $7.19 6 rr, Sent To O Street, Street, t %Vo.; '`yr or PO Box No.•/✓Q_,it �7L(r t/ii".A 5.! - - -- - - ----------------------- City, State, ZIP+4 l �g 'Al PS Form 3800, 2006 See Reverse for Instructions -r - - p (Domestic Mail Only; M Ln For delivery Information visit our website at www.usipsxornQ� Ln BAID w 411 _` r 7 Postage $S06/1 p Certified Fee $3.30C3 Return Receipt Fee C3(Endorsement Required)$2.70Restricted Delivery Fee id (Endorsement Required) $0.00C3 Total Postage & Fees $ $7.19 M Sent To o �?!'ya-------�-----10 ----------------- S`treet, Apt No.; e� T'� Z/ r s� N or PO Box No. Ciry'sisie; ziP+a - ------------------------ :r. August 2006See Reverse for Instructions • TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD., NEW YORK In the Matter of the Application of -141&J2 x.A t7(5cas (Name of Applicants) Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #I000- 164— 1-33-1' • AFFIDAVIT OF POSTING 4t," & (el i COUNTY OF SUFFOLK) STATE OF NEW YORK) - I, �R �-.�f7T • .�Th,rr✓G residing. at Z 3e 7X.A 0LL,6v_ ST New York, being duly sworn, depose and say. that: On the 30 day of J V-tl L;r , 20, I personally placed the Town's Official Poster, with the date of hearing and'nature o my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained. in place for seven (?) days prior to the date of the subject hearing date, which hearing date was shown to be -[POA-S, ,7VC y i e� yoi sL (Signature) Sworn to before me this 30 Day of J a,v 4w--, 2011/ • Barbara A. Strang (Notary Public) &I Notary public, New York No 4730o95 Qualffied in Suffolk County Comm. Expires July 31, * near the entrance or driveway entrance of my property, zis a aarea most visible to passerby. ��cJ ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X I e GY), er- ?N B. Received by (Printed Name) M C. Dat g Ii ery _ D. Is delivery address different Yes If YES, enter delivery address 3. Service Type CertMied Mail ❑ Express Mail �j Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article 7013 0600 0000 6175 5304 R� PS Form 3811, February 2004 Domestic Return Receipt �j j'l2, A GOS toa59s-02 wut�s f ■ Complete items 1, 2, and 3. Also complete A. Item 4 If Restricted Delivery is desired. X ■ Print your name and address on the reverse IT so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ❑ Agent ❑ Addressee (qffn—tbgN C. Date of Delivery is delivery addheg'different from item 17 u re: If YES, enter delivery address below: ❑ No ►ESte1sri,A 6 1 3. �YPe �jV J Csrtflied Mail 13 Express Mail /V , / p Registered [3 Retum Receipt for Merchandise /y w� ❑ Insured Mail ❑ C.O.D. foo o'" X06 _3Z - v,$ • 4. Restrict /F_xtra Feel 2. Artick (Trans— PS Form 38' - r' 7a U.SPA2RIDSTAGE SOUTHDLD,NY nes sax acs JUAMOUNT l 9 7013 0600 0000 6175 5`x36 sono $719 00053994-06, GARRETT A. STRANG, ARCHITECT 1230 Traveler Street, P.O. Box 141 Southold, NY 11971 TO: hi I ,m4Lis*T/NA L l v4tjDc BOX CLn�zc^ / S / �� sExoFo . o Nn Q7 ..... ! ! 000007061"IN 141xis ,� ANDER TURN TO ggRWAR� vNA9L,Z T4 SZNDZRD RETuR�t IIIa;Ilalallllaa IIIan1aIlaNlalllaaaa11 ,1111,1111,111alallahlllalall ltt N242 8 2014 ?aid 11DUCE AI tVIsNfu 1f1f11ff1f�(ffaa11-11111affalj'fflfi'11ia111111i11III IIIi SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY E Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X 0 Agent 0 Print your name and address on the reverse 0 Addressee so that we can return the card to you. 0 Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front If space permits. I D. Is delivery address different from item 1? ElYes 1. Article Addressed to: ff YES, enter delivery address below: 13 No sit's ka-1. Aly 3. S" Type 7 EPcermied mail E3 Express mail t 13 Registered E3 Return Receipt for Merchandise 0 insured mail 13 C.O.D. 4. Restricted Delivery? (ExFee) ❑ Yes 2. Article Numb 7013 0600 0000 6175 5236 (Transfer fro P,§ Form 3811, February 2004 Domestic Return Receipt $TjZ.AVa,0.5 102595-02-M-15401 f �Y ic-,� 7", � Ll- �/ t - �� A*, --r F,-� L..- e,-- V c.2 t-4 Or (o,1 to I RECEIVED JUN 6 20% ZONING BOARD OF APPEALS El I NoN 'E�I,1c2t4 \V E 5'T' 67 c�2 IF-,, 4::�7 L,,, A GARRETT A. STRAND archiWct 1230 Tr Ahw Street,' P.O.Box 1412 Southold, New York 11971 ph. 631 - 765 - 5455, #x. 631 - 765 - 5490 tect8qubtwt.rwt 't! RECEIVED JUN 6 v 2014 ZONING BOARD OF APPEALS REvom an I I/ leiOPAWN EY PpRom / { J�-�- Gas ' 12, 11 .> c2F4 r-, SEGONi7 �I�00TAN - 0 RECEIVED JUN 6 v 2014 ZONING BOARD OF APPEALS NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # STRATIGOS, HELEN 106.-1-33.1 #6767 VARIANCE SETBACKS; LOT COVERAGE REQUEST CONSTRUCT 2"d STORY ADDITION & ACCY. GARAGE DATE: THURS JULY 10, 2014 7:50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD -TOWN OF SOUTHOLD 765-1809 • • 0 0 00 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 12, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, July 10, 2014 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before June 23rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible: AND not later than June 30th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 2"d: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 8, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. ff I [too STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 26th day of June. 2014. Principal Clerk Sworn to before me this 50 day LEGAL NOTICE :,OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JULY 10, 2014 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTH - OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY aULY 10.2014. 9:30 A.M. - KAROL Ft IPKOW KI #6747 — (Adj. from PH 6/5/2014) Re- quest for Variances from Article IX Section 280-42 & 43 (Bulk Schedule) and the Building Inspector's March 21, 2014 Notice of Disapproval based on an application for building permit to con- struct a new building and operate a con- tractors' yard at; 1) less than the code required front yard setback of 100 feet, 2) less than the code required side yard setback of 20 feet, 3) more than the code permitted maximum lot coverage of 20`Yo, located at: 41250 County Road 48 (aka North Road and Middle Road) Southold, NY. SCTM#1000-59-10-5 9:30 A.M. - KARO . FILIPKO WS - KI #6748SE — (adj, from PH 6/5/2014) Applicant request a Special Excep- tion under Article IX Section 280- 418(2). The Applicant is the owner requesting authorization to operate a contractors' yard. Location of Prop- erty: 41250 County Road 48 (aka North Road and Middle Road) Southold, NY. SCTM#1000-59-10-5 10:00 A.M. - MICHAEL RANSON #67 — (adj. from June 5, 2014 PH) Re- quest for Variance from Article XXII Section 280-116B and the Building In- spector's March 17, 2014 Notice of Dis- approval based on an application for building permit for "as built" accessory structures (shed/deck), at; 1) less than the code required bulkhead setback of 75 feet, located at: 8740 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-126-5-2.1 10:20 A.M. - CACI PARTNERS, LLC #6761 - Request for Variance from Article III Section 280-15B and the Building Inspector's May 28, 2014 Notice of Disapproval based on an ap- plication for building permit for demo- lition and reconstruction of an existing accessory building, at: 1) less than the code required side yard setback of 25 feet, located at: 56125 Main Road (aka NYS Route 25) Southold, NY. SCTM#1000-63-3-10 #6768 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 6, 2014 No- tice of Disapproval based on an appli- cation for additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 75 feet, located at: 2945 Equestrian Avenue (adj. to Little Hay Harbor) Fishers Island, NY. SCTM#100-9-3-14.1 11:00 A.M. - NICOLAS DR CROIS, SET #6762 - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's January 13, 2014, amended/renewed April 22, 2014 Notice of Disapproval based on an ap- plication for building permit for demo- lition of an existing single family dwell- ing and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required bulkhead setback of 75 feet, located at: 20 Third Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-10-19 #6766 - Request for Variance from Ar- ticle III Section 280715 and the Building Inspector's June 4, 2014 Notice of Dis- approval based on an application for building permit to construct in -ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 14909 Main Road (aka State Route 25) (adj. to Dam Pond) East Marion, NY SCTM#1000-23-1-2.3 SON #6764 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 3, 2014, amended June 5, 2014 Notice of Disapproval based on an application to convert existing unheated enclosed porch to conditioned living space in an existing single family dwelling, at: 1) less than the code required minimum front yard setback of 40 feet, located at: 38200 Main Road (aka NY State Route 25) Orient, NY. SCTM#1000-20-3-14.3 1:15 P.M. - THOMAS and KATH- LEEN B R F. #6763 - Applicant re- quests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 1570 Bray Avenue (comer .Fourth Street) Laurel, NY. SCTM#1000-126-7-26.1 1:30 P.M.-JEWELL GON A LEZ #6765 - Request for Variance from Article XXIII Section -280-124 and the Building Inspector's May 12, of 2014. 2014 Notice of Disapproval based on an application for building permit for TINA YOUNSKIr an addition to an existing single fam- ily dwelling, at; 1) more than the code '�-STATE OF NEW YORK permitted lot coverage of 20%, located 1 VOh 105050 at: 1380 Waterview Drive Southold, NY. SCTM#1000-78-7-25 In Suffolk County 1:50 P.M.- HELEN STRAT100S ,Ifgs Fohruary 28, 2016 #6767 - Request for Variances from Ar- ticle XXIII Section 280-124 and Section 280-15(B)(F) and the Building Inspec- tor's January 27, 2014, amended March 13, 2014. Notice of Disapproval based on an application for building permit for second story addition, to existing single family dwelling and an accessory garage, at; 1) less than the code required .combined side yard setback of 25 feet, 2), more than the code permitted maxi- mum lot coverage of 20%, 3) Accessory garage at less than the code required front yard setback of 35 feet, 4) ac- cessory garage at less than the code required side yard setback of 5 feet, lo- cated at: 1500 Sound Beach Drive (adj. to Long Island -Sound) Mattituck, NY. SCTM#1000-106-1-33.1 2:10 P.M. MMMM BF.F.R 1,LQ #6770 - Request for Variance from Ar- ticle III Section 280-15 and the Build- ing Inspector's May 28, 2014 Notice of Disapproval based on an application for building permit for an 'as built' ac� cessory storage building, at; 1) location other than the code required rear yard, located at: 42155 Main Road aka State Route 25 (corner Peconic Lane) Pecon- ic, NY. SCTM#1000-75-1-14 The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki. Toth@Town.Southold.ny.us. Dated: June 13, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 11756-1T 6/26 • BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 June 11, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6767 — Stratigos, Helen Dear Mr. Terry: JUN 10 2,014 We have received an application to construct a second story addition and an accessory garage in Mattituck. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. • BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 June 11, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6767 Owner/Applicant: Stratigos, Helen Action Requested: Construct second story addition and accessory garage — setbacks and lot coverage Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By Encls. SURVEY OF PROPERTY A T MA TTIT UCK 5° ov o�p, TOWN OF SO UTHOLD �� SUFFOLK CO UNT Y, N. Y. 4� ,o� 1000_ion of 33,1 0 SCALE:1 30 C\ � 5 AUWST 11, 2003 p. _ Nov. 7, 2013 (revisions) t . JAIL 7� 20/4lPROP. ADDITIONS). MAM 10, 2Mdf [►evlskfW i -5ro KEY MAPOwe�0N SCALE' 1' - 600' SITE E DA TA j4 31 ZONING DISTRICT, R40 ti \ ,xP�' WATER SUPPLY SCWA ,� w �� \\ 1� /1�► USE • EX1STNJ6 - SNV6LE FAALLY RESIDENCE PRoe - SNVGL E FAMLY GARAGE .SVENCE to d' '�, 5� �\ SUL DABLE LAID AREA + 5450 sq.11. 100 g v 2014 BULDNVGS AREA w ��` 4� F�'° ,�j�T� ��N E4STV6 - 19550 sq.lf. P�zt d PROP. 2346 SO. •�' ,Of gyp;A� LOT COVERAGE 0 s \\ `` BONING B4AG �. `'.fB4.8% �rTM t�Q � 3� \' 1 i q� fi;,,t► EXISTNY6 I*30 � ffRA 2E4143 sqN o � 4143/3450 - 7f% PROP, 2346" • 1198 - 3544 sq -11 3544/5430 - 65.O`% 06 AREA. TO TIE LINE - 12,406 sq. it. 3520 3264 8.%P D 46 .� x ,r► ` ��► :wop° ti OWNERS, " GEORGE T. d HELEN STRA TIGOS 36-09 209- th STREET LOT NUMBERS REFER TO "MAP OF CAPTAIN KIDD ESTATES, BAYSIDE, N.Y. 11361 BLOCK 2" FILED IN THE SUtFOLK COUNTY CLERK'S OFFICE ON JAN. 19, 1949 AS MAP NO. 1672. NW FL 0 O ZONE` `" (ef f 2) -NA VD��,,�� Of-' � �"o FIRM 36103CO139 ff J � qoa �S. �0,y" y�cP NiEr2G, �4- AREA 12,406 'To >r7: TO 77E LINT' COASTAL EROSION HAZARD L., F�R�S�. l/ � COASTAL EROSION HA A IAP Pholo # 59-533-8,3 r y� C 49618 ANY .4L7ERAPON OR ADDI77ON TO THIS SUfiWY IS A WOtAnaN 5 PECONI OF SECT)ON 72090E THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER .4ECT70N 7209-SUB01WStON 2. ALL 6ER71FICAT70NS (631) 765-502 65-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR ThE IMPRESSED SEAL OF THE SURVEYOR ' 1230 TRA VELER STREET WH03_197 OSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 • 09 �p v � �htia� ,►`V 40 VO ti bo. 0o. VO LOT NUMBERS REFER TO "MAP OF NPTAIN KIDD ESTATES, BLOCK 2" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JAN. 19, 1949 AS MAP NO. 1672. t , J X1" FT -0 77E LINE COA$'TALL EROSION HAZARDF , COA l TA EROSION H,A'ZAZ A' P Pholo # 59-533-8j ANY ;,40ERA 770N OR AD0177ON TO THIS SUPWY IS A VIOLA 77ON OF SEC71ON 72090E 77 -IE NEW YORK STA7F EDUCATION LAW. EXCEPT AS PER SEC7101V 7209—SUBDIVISION 2. ALL 6ER77FICA77ONS HEREON ARE VALID FOR 7HIS MAP AND COPIES 7HEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA7URE APPEARS HEREON. --V SURVEY OF PROPERTY AT MATTITUCK TO WN OF SO UTHOLD SUFFOLK COUNTY, N. Y. 1000-106-01-33J SCALE.- 1'=30' AUGUST 11, 2003 Nov. 7, 2013 (revisions) o°c 204,f 049, OOF�Ap0 �761 % f � M Y1. 5� N. Y. S. UC. NO. 49618 450 *PECOftNl�VE'YORS, P. C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 12JO IRA SOUTHOLD, N. r 11971 T 103-197 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider July 25, 2014 Garrett Strang P.O. Box 1412 Southold, NY 11971 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RE: ZBA Application #6767 - Stratigos Dear Mr. Strang: Transmitted for your records is a copy of the Board's July 24, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, `4r" 9�r� Vicki Toth Encl. Cc: Building Dept. V z, 22